HomeMy WebLinkAbout03/11/2021 - Regular Minutes - Rock Prairie Management District No. 2ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2
MINUTES OF MEETING OF BOARD OF DIRECTORS
March 11, 2021
The Board of Directors (the "Board") of Rock Prairie Management District No. 2 (the
"District") met in regular session, open to the public on March 11, 2021, in accordance with the
duly posted notice of meeting, and the roll was called of the duly constituted members of said
Board of Directors, as follows:
Uri Geva — President
Hays Glover — Vice President
William Lewis — Assistant Vice President
Jonathan Stark — Secretary
Mark Lindemulder — Assistant Secretary
all of whom participated in the meeting via telephone conference call, except Director Lewis, thus
constituting a quorum.
Also attending the meeting via telephone conference call were James Murr of College
Station Town Center, Inc. ("CSTC"); Cynthia Colondres of Municipal Accounts & Consulting,
L.P. ("MAC"); Josh Campbell of EHRA Engineering ("EHRA"); Avik Bonnerjee of B&A
Municipal Tax Service, LLC ("B&A"); Terrell Palmer of Post Oak Municipal Advisors LLC
("POMA"); Councilwoman Elizabeth Cunha of the City of College Station ("City"); and Christina
Cole and Julie Kime of Schwartz, Page & Harding, L.L.P. ("SPH").
The President called the meeting to order and declared same open for such business as
might properly come before it.
EXPLANATION OF TELEPHONE CONFERENCE CALL MEETING PROCEDURES AND
CALL TO ORDER
Ms. Cole explained to the Board the procedures to be used during the telephone conference
call meeting. In connection therewith, she informed the participants that the meeting would be
recorded, and requested that participants clearly state his or her name before speaking, including
when making or seconding a motion. Ms. Cole further explained that she would conduct a roll call
vote for all motions and that Board members should wait to vote on a motion until his or her name
has been called. Lastly, Ms. Cole conducted a full roll call of all meeting participants for
attendance purposes.
PUBLIC COMMENTS
The Board began by opening the meeting for public comments. There being no members
of the public present, the Board continued to the next item of business.
APPROVAL OF MINUTES
The Board next considered approval of the minutes of its regular meeting held on
February 11, 2021. After review and discussion, Director Glover moved that the minutes for said
Board meeting be approved, as written. Director Stark seconded said motion, which unanimously
carried.
RECEIVE BIDS FOR PURCHASE OF THE DISTRICT'S $2,500.000 UNLIMITED TAX ROAD,
BONDS. SERIES 2021 (the "Bonds").
As the next order of business, it was announced that, pursuant to notices published as
required by law, public bids for the sale of the District's Bonds were to be received at this time and
place. Mr. Palmer announced that three (3) bids for the Bonds had been received electronically,
the list of the electronically received bids being attached hereto as Exhibit A. Mr. Palmer reported
that the low bid for the Bonds was submitted by Hilltop Securities Inc. ("Hilltop"), at a net effective
interest rate of 2.873524%. Following discussion of the bids received, Director Glover moved that
the Board accept the bid of Hilltop for the purchase of the Bonds at a net effective interest rate of
2.873524%. Director Stark seconded said motion, which unanimously carried.
BOND ORDER
Ms. Cole presented to the Board the Bond Order for the issuance of the District's Bonds.
She reviewed various provisions of each Bond Order with the Board, a copy of which is attached
hereto as Exhibit B. Following further discussion, it was duly moved by Director Glover,
seconded by Director Stark and unanimously carried that the Bond Order presented be passed and
adopted and that the President be authorized to execute the Bond Order and the Secretary to attest
same on behalf of the Board and District.
DISTRIBUTION OF FINAL OFFICIAL STATEMENT
As the next order of business, there was a discussion regarding the completion of the Final
Official Statement to be prepared by POMA in connection with the Bonds. Following further
discussion, Director Glover moved that POMA be authorized to complete the Final Official
Statement, date same as of the date hereof, and that said Final Official Statement be adopted by
the Board and District. Director Stark seconded said motion, which carried unanimously.
PAYING AGENT/RFGISTRAR AGREEMENTS WITH THE BANK OF NEW YORK
MELLON TRUST COMPANY, N.A.
The Board next considered and reviewed a Paying Agent/Registrar Agreement
("Agreement") by and between the District and The Bank of New York Mellon Trust Company,
N.A., relative to the Bonds. Ms. Cole reviewed the various provisions of the Agreement with the
Board. After further discussion of the Agreement, Director Glover moved that the Agreement be
approved and that the President be authorized to execute the Agreement on behalf of the Board
and District. Director Stark seconded said motion, which carried unanimously.
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The Board considered authorizing the District's bookkeeper to issue wire transfers in the
amounts of $2,500.00 to the Attorney General of Texas for fees in connection with the Attorney
General's review of the Bond transcript of proceedings. After discussion on the matter, Director
Glover moved that the District's bookkeepers be authorized to issue such wire transfer to the
Attorney General of Texas in connection with the review of the transcript of proceedings relative
to the Bonds. Director Stark seconded said motion, which unanimously carried.
BOOKKEEPING REPORT
Ms. Colondres presented to and reviewed with the Board a Bookkeeping Report, a copy of
which report is attached hereto as Exhibit C, including checks presented therein for payment.
Following discussion, Director Glover moved that said Bookkeeping Report be approved and that
the checks and wire identified in the report be approved for payment. Director Stark seconded the
motion, which unanimously carried.
AMENDMENT TO AMENDED AND RESTAED AGREEMENT FOR BOOKKEEPING
SERVICES
Ms. Colondres next presented and reviewed with the Board an Amendment to Amended
and Restated Agreement for Bookkeeping Services between the District and MAC. Following
such presentation, Director Glover moved to approve and authorize execution of such Amendment
to Amended and Restated Agreement for Bookkeeping Services, subject to SPH's review and
approval of same. Director Stark seconded the motion, which unanimously carried. A copy of the
Amendment to Amended and Restated Agreement for Bookkeeping Services is attached hereto as
Exhibit D.
UNCLAIMED PROPERTY
The Board considered authorizing District consultants to research the District's accounts
for unclaimed property and authorized the District's bookkeeper to prepare an Unclaimed Property
Report as of March 1, 2021. Ms. Cole advised the Board that the District's consultants will review
their records and provide the bookkeeper with a current listing of any unclaimed property in the
District's accounts for preparation of the Unclaimed Property Report. She further advised the
Board that the District's bookkeeper would file the report with the Comptroller of Public Accounts
of the State of Texas and discharge any unclaimed funds to the Comptroller by July 1, 2021. After
discussion, Director Glover moved that the consultants be authorized to provide current listings of
any and all unclaimed property to the bookkeeper and that, should any unclaimed property exist,
the bookkeeper be authorized to file an Unclaimed Property Report with the Comptroller. Director
Stark seconded the motion, which unanimously carried.
TAX ASSESSORICOLLECTOR'S REPORT
Mr. Bonnerjee then presented to and reviewed with the Board the Tax Assessor -Collector
Report for the month ended February 28, 2021, including checks presented therein for payment.
A copy of such report is attached hereto as Exhibit E. After discussion, Director Glover moved
that the Tax Assessor -Collector Report be approved and that the checks identified therein be
approved for payment. Director Stark seconded said motion, which unanimously carried.
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ENGINEERING REPORT
Mr. Campbell presented to and reviewed with the Board an Engineering Report dated
March 11, 2021, a copy of which is attached hereto as Exhibit F. Mr. Campbell advised that there
were no action items in connection with the Engineering Report.
DEVELOPER'S REPORT
The Board considered the Developer's Report. Mr. Murr presented a verbal report on the
status of development within the District.
ACKNOWLEDGMENT OF NOTICE AND INDEMNITY
Ms. Cole advised the Board that CSTC has executed a collateral assignment of its
reimbursables under its Utility Development Agreements with the District. The Board considered
the approval and execution of an Acknowledgment of Notice and Indemnity for Receivables
between College Station Town Center, Inc. and Origin Bank (the "Acknowledgment"). Following
discussion, Director Glover moved that the Acknowledgment be approved as presented and that
the President be authorized to execute same on behalf of the District. Director Stark seconded the
motion, which unanimously carried.
STATUS OF PROPOSED ANNEXATION OF 33.342 ACRES OF LAND TO THE DISTRICT
Ms. Cole advised the Board that the City Council agenda for its meeting this evening
contains an item to consider the District's Petition for Consent to the addition of 33.342 acres of
land to the District.
STATUS OF INTERLOCAL AGREEMENT BETWEEN THE DISTRICT AND THE CITY OF,
COLLEGE STATION
Ms. Cole presented and reviewed with the Board an Interlocal Agreement between the City
and the District relative to the operation and maintenance of park and recreational facilities in the
District, the form of which has been approved by the City. Following such presentation, Director
Glover moved to approve the Interlocal Agreement and authorize the President and Secretary to
execute same on behalf of the District. Director Stark seconded the motion, which carried by
unanimous vote. A copy of the Interlocal Agreement thus approved is attached hereto as
Exhibit G.
ATTORNEY'S REPORT
The Board considered the Attorney's Report. Ms. Cole advised the Board that she had
nothing of a legal nature to discuss with the Board that was not already covered under previous
agenda items.
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FUTURE AGENDA ITEMS
The Board considered items for placement on future agendas. No specific agenda items,
other than routine and ongoing matters were requested to be placed on a future agenda.
ADJOURNMENT
There being no further business to come before the Board, on motion made by Director
Glover seconded by Director Stark, and unanimously carried, the meeting was adjourned.
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LIST OF ATTACHMENTS
Rock Prairie Management District No. 2
Minutes of Meeting of March 11, 2021
Exhibit A List of Electronically Received Bids
Exhibit B Bond Order
Exhibit C Bookkeeping Report
Exhibit D Second Amended and Restated Agreement for Bookkeeping Services
Exhibit E Tax Assessor -Collector Reports
Exhibit F Engineering Report
Exhibit G Interlocal Agreement
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EXHIBIT "A"
3/11/2021
PARITY Result Screen
Dea
10:35:42 a m. CDST Upcoming Calendar 1 Qverview 1 Compare j summary
Bid Results
Rock Prairie Mgmt Dt #2
$2,500,000 Unlimited Tax Road Bonds, Series 2021
The following bids were submitted using PARITY® and displayed ranked by lowest NIC.
Click on the name of each bidder to see the respective bids.
Bid Award*
❑
O
Bidder Name NIC
HilltooSecurities 2.873524
GMS Group L.L.C. 3.147551
F M S b o n d s. Inc. 3.161048
*Awarding the Bonds to a specific bidder will provide you with the Reoffering Prices and Yields.
0 19.31 2002 i-Deal LLC f 11 righls res_raed Tradefllarrk-
https://www_newissuehome.i-deal.com/Parity/asp/main.asp?page=parityResult&customer—TM3&issue_key_no=307477&sec_type=BD 1/1
Cci-DeaAll
Parity Calendar
J
Upcomfnp Calendar I Overview I Result I Excel !
HilltopSecurities - Dallas , TX's Bid
Deal List
PARITY
Rock Prairie Mgmt Dt #2
$2,500,000 Unlimited Tax Road Bonds, Series 2021
For the aggregate principal amount of $2,500,000 00, we will pay you $2,443,348.70, plus accrued interest from the date of issue to the date of delivery. The Bonds
are to bear interest at the following rate(s):
Maturity Date ,Amount S Coupon ek'Yield % Dollar Pricel
09/01/2022 65M 1,2000 12000 100.00D
09/01/2023 65M 1.3500 1.3500 100.000
09/01/2024 65M 1.5000 1.5000 100.000
09/01/2025 65M 1.7000 1.7000 100.000
09/01/2026 65M 1.6000 1.8000 100.000
09/01/2027 70M 2.0000 2.000Q 100.000
09/01/2028 70M 2.1000 21000 100.000
09/01/2029 70M 22000 2.2000 100.000
09/01/2030 70M 2.3000 2,3000 100.000
09/01/2031 70M 2.4000 2.4000 100.000
09/01/2032 75M 2.5000 2.5000 100.000
09/01/2033 80M 2,5000 2.6000 98.945
09/01/2034 80M 2.6250 2.7000 99.160
09/01/2035 90M 2.6250 2.7500 98.521
09/01/2036
09/01/2037
09/01/2038
09101 rJ. M
09/01/2040 410M 26250 2.7000 98.872
09/01/2041
09/01 /2042
09/01/2043
09r612044
09/01/2045 490M 2 7500 2 8000 99 119
OD..
09/01/2047
109/01 /2048
09/01/2049
1 09/01/205Q 600M 3.0000 3.0000 100.000
TotaE !rawest Cost: 51,- 78,149.79
Discount: $56,651.30
Net Interest Cost $1,234,801 09
NIC: 2 873524
Tme Last Bid Received On:03/11/2021 9:55:14 CST
This proposal is made subject to all of the terms and conditions of the Official Bid Form, the Official Notice of Sale, and the Preliminary Official Statement, all of
EXHIBIT "B"
ORDER AUTHORIZING THE ISSUANCE OF
$2,500,000 UNLIMITED TAX ROAD BONDS, SERIES 2021
BE IT ORDERED BY THE BOARD OF DIRECTORS OF ROCK PRAIRIE
MANAGEMENT DISTRICT NO. 2:
ARTICLE ONE
STATUTORY AUTHORITY, RECITALS AND FINDINGS
SECTION 1.01: AUTHORITY FOR THE DISTRICT. Rock Prairie Management
District No. 2 (the "District"), was organized, created and established as a conservation and
reclamation district and political subdivision of the State of Texas by an Act of the 83rd Texas
Legislature effective June 14, 2013 (the "Act"), codified as Chapter 3909, Texas Special District
Local Laws Code, pursuant to the provisions of Article III, Sections 52 and 52-1, and Article XVI,
Section 59, of the Constitution of Texas, and operates under and is governed by the provisions of
the Act.
SECTION 1.02: PURPOSES OF THE DISTRICT. The District was created and
operates by and pursuant to the Act for the following purposes:
(a) the control, storage, preservation and distribution of its storm water and floodwater,
the water of its rivers and streams for irrigation, power, and all other useful
purposes;
(b) the reclamation and irrigation of its arid, semiarid, and other land needing
irrigation;
(c) the reclamation and drainage of its overflowed land and other land needing
drainage;
(d) the conservation and development of its forests, water, and hydroelectric power;
(e) the navigation of its inland and coastal water;
(f) the control, abatement, and change of any shortage or harmful excess of water;
(g)
the protection, preservation and restoration of the purity and sanitary condition of
water within the state;
(h) the preservation of all natural resources of the state;
(i) developing and diversifying the economy of this state;
(j) eliminating unemployment and underemployment; and
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(k) developing or expanding transportation and commerce.
SECTION 1.03: POWERS OF THE DISTRICT. The District is authorized by the
Act to:
(a)
purchase, construct, acquire, own, operate, maintain, repair, improve, or extend
inside and outside its boundaries any and all land, works, improvements, facilities,
plants, equipment and appliances necessary to accomplish the purposes of its
creation, including all works, improvements, facilities, plants, equipment and
appliances incident, helpful, or necessary to:
(i) supply water for municipal uses, domestic uses, power and commercial
purposes and all other beneficial uses or controls;
(ii) collect, transport, process, dispose of and control all domestic, industrial, or
communal wastes whether in fluid, solid, or composite state;
(iii) gather, conduct, divert, and control local storm water or other local harmful
excesses of water in the District;
(iv) irrigate the land in the District;
(v) alter land elevation in the District where it is needed;
(vi) navigate coastal and inland waters of the District;
(b) finance, develop and maintain recreational facilities for the people of the District,
if and as allowed by applicable law;
(c) design, acquire, construct, improve, finance and issue bonds, notes or other
obligations for roads, under the authority of Article III, Section 52, Texas
Constitution and the Act; and
(d) provide, design, construct, acquire, improve, relocate, operate, maintain, or finance
an improvement project or service authorized under the Act or Chapter 375, Local
Government Code.
SECTION 1.04: AUTHORITY OF THIS ORDER. The District is authorized by the
Act and Article III, Section 52, of the Texas Constitution, to design, acquire, construct, finance,
issue bonds for, improve, operate, maintain and convey to this state, a county, or a municipality
for operation and maintenance, macadamized, graveled, or paved roads, or improvements,
including storm drainage, in aid of those roads. Said bonds are authorized by the Act and by
V.T.C.A. Government Code, §1201.001 et seq., as amended, to be issued in various series or
issues, with or without interest coupons, in any denomination, payable at such time or times, in
such amount or amounts or installments, at such place or places, in such form, under such terms,
conditions, and details, in such manner, redeemable prior to maturity at any time or times, bearing
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no interest, or bearing interest at any rate or rates (either fixed, variable, floating, adjustable, or
otherwise), all as determined by the Board of Directors of the District, and the Board of Directors
finds that issuance of said bonds in multiple series or issues over an extended period of time is in
the best interests of the District in order to ensure the continuing and orderly development of the
District on terms and conditions which are feasible and practical.
SECTION 1.05: FINDINGS. It is hereby found, determined and declared that:
(a) the matters and facts set out in this Article One are true and correct;
(b) at an election held within and for the District on November 3, 2015, the District
was authorized to issue bonds in the maximum aggregate principal amount of
$71,400,000 for the purpose or purposes of purchasing, constructing, acquiring,
owning, operating, repairing, improving, or extending a waterworks system, a
sanitary sewer system, and a drainage and storm sewer system, including, but not
limited to, all additions to such systems and all land, improvements, facilities,
plants, equipment, appliances, interests in property, and regional, regulatory or joint
use participation rights or contract rights needed therefor and administrative
facilities needed in connection therewith, and to provide for the payment of the
principal of and interest on such bonds by the levy and collection annually of a
sufficient tax upon all taxable property within the District;
(c) at an election held within and for the District on November 3, 2015, the District
was authorized to issue bonds in the maximum aggregate principal amount of
$106,600,000 for the purpose or purposes of purchasing, constructing, acquiring,
owning, operating, repairing, improving, or extending road facilities or facilities in
aid thereof, including, but not limited to, landscaping, lighting, banners, and signs,
signalization, beautification, sidewalks and crosswalks, and all additions to such
facilities and all land, improvements, facilities, equipment, appliances, interests in
property and contract rights needed therefor, and administrative facilities needed in
connection therewith, and to provide for the payment of the principal of and interest
on such bonds by the levy and collection annually of a sufficient tax upon all taxable
property within the District;
(d) at an election held within and for the District on November 3, 2015, the District
was authorized to issue refunding bonds in the maximum aggregate principal
amount of $178,000,000 to provide for the refunding by any lawful means of all or
any portion of the Bonds (hereinafter defined) Additional Bonds (hereinafter
defined), or refunding bonds payable in whole or in part from taxes;
(e) the election described in paragraphs (b) through (d) hereof was called and held
under and in strict conformity with the Constitution and laws of the State of Texas
and of the United States of America, and the Board of Directors of the District has
heretofore officially declared the results of said election and declared that the
District was legally created and authorized to issue the bonds described in
paragraphs (b) through (d) above, provided that City of College Station consent will
be required prior to the issuance of bonds;
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(f) the $2,500,000 bonds authorized by this Order should be issued pursuant to the
authority of the election held on November 3, 2015 as described in paragraph (c)
above for the acquisition and/or construction of road facilities to serve land within
the District, and to pay certain other costs and expenses relating to the issuance of
the Bonds;
(g)
the District has been authorized to levy taxes in payment of the Bonds, and the taxes
to be levied and collected will be sufficient to pay the principal of the Bonds herein
authorized as it becomes due and the interest thereon as it accrues and becomes
payable; and
(h) the Board of Directors reserves the right to issue the remaining $71,400,000
unissued bonds which were authorized at the election described in paragraph (b)
hereof, the remaining $104,100,000 unissued bonds which were authorized at the
election described in paragraph (c) hereof, and the remaining $178,000,000
unissued bonds which were authorized at the election described in paragraph (d)
hereof, in one or more series, at a future date or dates when, in the judgment of the
Board of Directors, such amounts are required for authorized purposes.
(End of Article One)
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ARTICLE TWO
DEFINITIONS AND INTERPRETATIONS
SECTION 2.01: DEFINITIONS. The following definitions, together with any
supplemental definitions contained herein or in any exhibit hereto, shall apply with equal force
herein and in any amendment or supplement hereto, and the scope and meaning of terms used in
Exhibit "A", Exhibit "B". and Exhibit "C" hereto, whether or not defined therein, shall be
determined by reference to this Article.
Act.
The term "Act" is defined in Section 1.01 hereof.
Additional Bonds.
The term "Additional Bonds" shall mean any additional bonds, including bonds payable in
whole or in part from taxes, revenue bonds, contract revenue bonds, special project revenue bonds,
refunding bonds and other bonds which the Board of Directors expressly reserves the right to issue
in Article Nine of this Order.
Authorized Investments.
The term "Authorized Investments" shall mean all instruments which are authorized under
the District's policies for investment of funds of the District adopted by the Board of Directors of
the District from time to time, but in any event, all such instruments shall be authorized under the
laws of the State of Texas for investment of funds of municipal utility districts.
Board of Directors.
The term "Board of Directors" shall mean the governing body of the District, as now or
hereafter constituted.
Bond Counsel.
The term "Bond Counsel" shall mean the law firm of Schwartz, Page & Harding, L.L.P.,
Houston, Texas.
Bond Fund.
The term "Bond Fund" shall mean the District's debt service fund created and established
pursuant to Section 7.02 hereof.
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Bond Fund Road Bond Account.
The term "Bond Fund Road Bond Account" shall mean the special account created and
established pursuant to Section 7.02 hereof.
Bonds.
The term "Bond" or "Bonds" shall mean any Bond or Bonds, as the case may be, of the
issue of $2,500,000 Unlimited Tax Road Bonds, Series 2021, initially dated as of April 1, 2021,
and authorized, issued and delivered pursuant to this Order.
Business Day.
The term "Business Day" or "Business Days" shall mean any calendar day or days which
fall on Monday through Friday, but shall not include any such day which is designated as an official
state or national holiday or a day on which financial institutions where the Paying Agent is located
are authorized or required by state or national law or by executive order to close.
Construction Fund.
The term "Construction Fund" shall mean the District's construction fund created and
established pursuant to Section 7.02 hereof.
DTC.
The term "DTC" means the Depository Trust Company of New York, New York, or any
successor securities depository.
DTC Participant.
The term "DTC Participant" means brokers and dealers, banks, trust companies, clearing
corporations and certain other organizations on whose behalf DTC holds securities to facilitate the
clearance and settlement of securities transactions among such DTC Participants.
District.
The term "District" is defined in Article One hereof and shall mean and include any
successors and assigns of the District and, where appropriate, shall refer to the Board of Directors
of the District.
Fiscal Year.
The term "Fiscal Year" shall mean the annual period from June 1 through May 31, or such
other period as may hereafter be established by resolution of the Board of Directors of the District.
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Holder.
The term "Holder" or "Holders" shall mean, when used with respect to any Bond, the
Person or Persons in whose name such Bond is registered on the Register.
Initial Bonds.
The term "Initial Bond" or "Initial Bonds" shall mean any one or more of the Bonds
authorized, issued and initially delivered hereunder upon which the manually executed certificate
of registration of the Comptroller of Public Accounts of the State of Texas, or his or her duly
authorized deputy, substantially in the form prescribed in Section 5.03 hereof, has been placed.
Initial Date.
The term "Initial Date" shall mean April 1, 2021.
Initial Purchaser.
The term "Initial Purchaser" shall mean the Person or Persons to whom the Bonds are to
be sold and delivered, as provided in Section 13.01 hereof
Interest Payment Date.
The term "Interest Payment Date" shall mean the date on which interest on any then
outstanding Bond is due and payable, as provided in Section 3.04 hereof.
Letter of Representation.
The term "Letter of Representation" shall mean the Blanket Issuer Letter of
Representations between the District and DTC, dated as of the date hereof, as same may be
amended or supplemented from time to time.
Maturity Date.
The term "Maturity Date" shall mean any date on which the principal of any then
outstanding Bond is due and payable, as provided in Section 3.03 hereof.
Net Proceeds.
The term "Net Proceeds" shall mean all proceeds received by the District from the sale of
the Bonds, except those proceeds deposited into the Bond Fund Road Bond Account pursuant to
the provisions of Section 7.04 hereof.
Order.
The term "Order" shall mean this Order and all amendments or supplements hereto.
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Paving Agent.
The term "Paying Agent" shall mean the Person selected and maintained from time to time
by the District for the purpose of making payment on behalf of the District of the principal of and
the interest on the Bonds, as provided in Section 12.06 of this Order.
Person.
Except as said term is otherwise specifically defined for purposes of Section 8.01 hereof,
the term "Person" shall mean any individual, corporation, partnership, firm, joint venture,
association, joint stock company, trust, unincorporated organization or government, or any agency
or political subdivision thereof.
Predecessor Bonds.
The term "Predecessor Bonds" shall mean, with respect to any particular Bond, every
previous Bond evidencing all or a portion of the same obligation as that evidenced by such
particular Bond, and, for the purposes of this definition, any Bond registered and delivered
pursuant to Section 3.10 hereof shall be deemed to evidence the same debt as the mutilated, lost,
destroyed or stolen Bond in lieu of which such Bond was delivered.
Record Date.
The term "Record Date" shall mean, with respect to an Interest Payment Date of March 1,
the preceding February 15, and with respect to an Interest Payment Date of September 1, the
preceding August 15, whether or not such dates are Business Days.
Redemntion Date.
The term "Redemption Date" shall mean, when used with respect to any Bond to be
redeemed prior to its Maturity Date, the date fixed for redemption of such Bond pursuant to the
terms of this Order.
Register.
The term "Register" shall mean the registry books maintained on behalf of the District by
a Registrar designated by the District for such purpose in which are maintained the names and
addresses of Holders and the principal amounts of the Bonds registered in the name of each Holder.
Registrar.
The term "Registrar" shall mean the trust or banking corporation or association designated
and acting in such capacity from time to time, as provided in Section 12.05 of this Order.
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Road Bonds.
The term "Road Bonds" shall mean the Bonds and any Additional Bonds of the District
issued for the purpose or purposes of purchasing, constructing, acquiring, owning, operating,
repairing, improving, or extending the Road System, and any related refunding bonds, whether
hereunder or hereafter issued, sold and delivered by the District.
Road Construction Fund Account.
The term "Road Construction Fund Account" shall mean the special account created and
established within the Construction Fund pursuant to Section 7.02 hereof.
Road Svstem.
The term "Road System" shall mean a system of road facilities or facilities in aid thereof
to serve the District, including, but not limited to, all additions to such facilities and all land,
improvements, facilities, equipment, appliances, interests in property and contract rights needed
therefor, and administrative facilities needed in connection therewith, now owned or hereafter
purchased, constructed or otherwise acquired, and all extensions and replacements thereof and
improvements thereto whensoever made.
Serial Bonds.
The term "Serial Bond" or "Serial Bonds" shall mean any one or more as the case may be
of the Bonds issued hereunder as serial bonds, which have Maturity Dates in the years 2022
through 2035, inclusive, and which are not subject to mandatory redemption pursuant to Section
4.01 hereof.
Term Bonds.
The term "Term Bond" or "Term Bonds" shall mean one or more, as the case may be, of
the Bonds issued hereunder as term bonds which have a Maturity Date in the years 2040, 2045 and
2050, and which are subject to mandatory redemption pursuant to Section 4.01 hereof.
SECTION 2.02: INTERPRETATIONS: TIME OF PERFORMANCE. The titles and
headings of the articles and sections of this Order have been inserted for convenience of reference
only and are not to be considered a part hereof and shall not in any way modify or restrict any of
the terms or provisions hereof. This Order and all the terms and provisions hereof shall be liberally
construed to effectuate the purposes set forth herein and to sustain the validity of the Bonds and
the validity of the taxes levied in payment thereof Unless a time period specified for performance
of any action under this Order is specified to be a Business Day or Business Days, such
performance time period means the number of calendar days for such performance to be
accomplished.
(End of Article Two)
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ARTICLE THREE
AUTHORIZATION. DESCRIPTION AND EXECUTION OF BONDS
SECTION 3.01: AMOUNT. NAME. PURPOSE AND AUTHORIZATION. The
Bonds of the District, to be known and designated as "Rock Prairie Management District No. 2
Unlimited Tax Road Bonds, Series 2021", shall be issued in the aggregate principal amount of
Two Million Five Hundred Thousand Dollars ($2,500,000.00) for the purpose or purposes of
purchasing, constructing, acquiring, improving or extending road facilities, including, but not
limited to, all additions to such facilities and all land, improvements, facilities, equipment,
appliances, interests in property and contract rights needed therefor, and administrative facilities
needed in connection therewith, all under and in strict conformity with the Constitution and laws
of the State of Texas, including, particularly, Section 52 of Article III of the Constitution of Texas
and the Act.
SECTION 3.02: FORM, INITIAL DATE. NUMBERS AND DENOMINATIONS.
The Initial Bonds shall be issued and delivered in fully registered form, without interest coupons,
and shall be dated as of the Initial Date. Thereafter, each Bond registered and delivered by the
Registrar hereunder shall be similarly dated as of the Initial Date, but shall include thereon the date
of its authentication by the Registrar. Each Initial Bond submitted for approval, registration and
delivery in accordance with Section 3.07 hereof shall be numbered "IR-", followed by the last two
digits of the year in which such Initial Bond is scheduled to mature. Each Bond registered and
delivered by the Registrar thereafter shall be numbered consecutively, in succession, beginning
with the numeral "1", which shall be preceded by the prefix "R-", and shall be in denominations
of $5,000, or any integral multiple thereof
SECTION 3.03: INTEREST RATES AND MATURITY DATES. The Bonds shall
include both Serial Bonds and Term Bonds, as provided below.
(a) Bonds in the aggregate principal amount of $1,000,000 shall be issued as Serial Bonds,
shall bear interest from the later of the Initial Date, or the most recent Interest Payment
Date to which interest has been paid or duly provided for, at the rate or rates set forth in
the following schedule, and shall mature and become payable, subject to prior redemption
in accordance with the provisions of Article Four hereof, on September 1 in each of the
years and in the principal amounts set forth in the schedule below:
Principal Year of Interest
Amount Maturity Rate
$ 65,000 2022 1.200%
$ 65,000 2023 1.350%
$ 65,000 2024 1.500%
$ 65,000 2025 1.700%
$ 65,000 2026 1.800%
$ 70,000 2027 2.000%
$ 70,000 2028 2.100%
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$ 70,000 2029 2.200%
$ 70,000 2030 2.300%
$ 70,000 2031 2.400%
$ 75,000 2032 2.500%
$ 80,000 2033 2.500%
$ 80,000 2034 2.625%
$ 90,000 2035 2.625%
(b) Bonds in the aggregate principal amount of $1,500,000 shall be issued as Term Bonds,
shall bear interest at the per annum rates set forth in the following schedule from the later
of the Initial Date or the most recent Interest Payment Date to which interest has been paid
or duly provided for, and shall mature and become payable, subject to mandatory and
optional redemption in accordance with the provisions of Article Four hereof, on
September 1 in the year and in the principal amounts set forth in the schedule below:
Principal Year of Interest
Amount Maturity Rate
$ 410,000 2040 2.625%
$ 490,000 2045 2.750%
$ 600,000 2050 3.000%
SECTION 3.04: DATES AND MANNER OF PAYMENT OF INTEREST. Interest
on the Bonds shall be payable semiannually on March 1 and September 1 of each year,
commencing on September 1, 2021, until payment of the principal thereof has been made or duly
provided for. The amount of interest on the Bonds payable on each Interest Payment Date,
Maturity Date or Redemption Date shall be computed on the basis of a 360-day year of twelve
30-day months. Not later than ten (10) days before each Interest Payment Date, Maturity Date or
Redemption Date, the Paying Agent shall compute the amount of interest to be due and payable
on such date and shall send to the District notice of the amount so computed to be due and payable
on such date.
The payments of interest on the Bonds shall be payable, at the option of the District, by
check mailed by the Paying Agent to the Holder, at the address shown on the Register, or by such
other customary banking arrangements as may be acceptable to the Paying Agent and the Holder,
at the risk and expense of such Holder. The interest so payable on any Interest Payment Date will
be paid to the Person in whose name each Bond (or one or more Predecessor Bonds evidencing
the same obligation) is registered at the close of business on the Record Date for such Interest
Payment Date. Each Bond delivered pursuant to the terms of this Order upon transfer or in
exchange for or in lieu of any Predecessor Bond shall carry all the rights to interest, both accrued
and unpaid, and to accrue, which were carried by such Predecessor Bond, and each such Bond
shall bear or accrue interest as specified herein so that neither gain nor loss in interest shall result
from such transfer, exchange or substitution.
SECTION 3.05: MEDIUM AND PLACE OF PAYMENT AT MATURITY OR,
REDEMPTION. The principal of the Bonds payable at any Maturity Date or Redemption Date,
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shall be payable, without exchange or collection charges, in any coin or currency of the United
States of America which on such dates of payment is legal tender for the payment of debts due the
United States of America, upon the presentation and surrender of such Bonds, as they become due
or at their earlier Redemption Date, at the designated office of the Paying Agent.
SECTION 3.06: EXECUTION. The Bonds shall be signed on behalf of the District
by the President and Secretary of the Board of Directors of the District, and the District's seal shall
be placed or impressed thereon. Such signatures may be manually executed or placed in facsimile
on the Bonds, and the District's seal may be manually impressed or printed or otherwise
mechanically reproduced in facsimile on the Bonds. In case any official of the District who shall
have signed any of the Bonds, either manually or by facsimile signature, shall cease to be such
officer before the Bonds so signed shall have been authenticated and delivered by the Registrar, or
disposed of by the District, such Bonds, nevertheless, may be authenticated and delivered or
disposed of as though the Person who signed such Bonds had not ceased to be such officer of the
District, and any Bond may be signed on behalf of the District by such Person as, at the actual time
of execution of such Bond, shall be a proper officer of the District, although at the date of such
Bond or of the adoption of this Order, such Person was not such officer. Minor typographical and
other minor errors in the text of any Bond or minor defects in the seal or facsimile signature on
any Bond shall not affect the validity or enforceability of such Bond, if same has been duly
authenticated by the Registrar or registered by the Comptroller of Public Accounts of the State of
Texas, as required herein.
SECTION 3.07: APPROVAL. REGISTRATION AND DELIVERY. The Initial
Bonds shall consist of one Bond for each year of maturity specified in Section 3.03 hereof,
representing the entire principal amount of the Bonds scheduled to mature in each of such years of
maturity, and shall be made payable to the Initial Purchaser, or its designee. The President and
Secretary of the Board of Directors of the District and representatives of the District's Bond
Counsel are each hereby authorized and directed to submit the Initial Bonds and a transcript of the
proceedings relating to the issuance of the Bonds to the Attorney General of Texas for approval
and, following said approval, to submit the Initial Bonds to the Comptroller of Public Accounts of
the State of Texas for registration. Upon registration of the Initial Bonds, the Comptroller of Public
Accounts (or a deputy designated in writing to act for the Comptroller) shall manually sign the
Comptroller's registration certificate prescribed herein to be printed and endorsed on each Initial
Bond. After the Initial Bonds have been registered and signed by the Comptroller, they shall be
registered on the Register in the name of Cede & Co., as nominee of DTC, and shall be delivered
to the Initial Purchaser or its designee, but only upon receipt of the full purchase price therefor.
At any time after delivery of the Initial Bonds, the Holder may, subject to the requirements
of and in accordance with the procedures prescribed in Section 3.09 hereof, surrender any Bonds
to the Registrar for transfer or exchange, accompanied by instructions specifying the name(s) and
address(es) of the Person(s) to whom such Bonds are to be transferred and the principal amount(s)
of the Bond(s) to be authenticated and delivered in exchange therefor, and the Registrar shall
thereupon, within not more than three (3) Business Days, authenticate and register Bonds
conforming to such instructions and the provisions of this Order.
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No Initial Bond shall be entitled to any right or benefit under this Order, or be valid or
obligatory for any purpose, unless there appears on such Initial Bond a certificate of registration
substantially in the form provided in Section 5.03 hereof, duly executed by the Comptroller of
Public Accounts of the State of Texas, or his duly authorized deputy, by manual signature; nor
shall any Bond authenticated and delivered subsequent to the Initial Bonds be so entitled or be
valid or obligatory, unless there appears on such Bond a Certificate of Registrar substantially in
the form provided in Section 5.02 hereof, duly executed by an authorized officer or employee of
the Registrar, by manual signature. Such Certificate of Registrar upon any Bond authenticated
and delivered subsequent to the Initial Bonds shall be conclusive evidence that such Bond has been
so certified or registered and delivered.
SECTION 3.08: OWNERSHIP OF BONDS. The District, the Paying Agent, the
Registrar and any other Person may treat the Person in whose name any Bond is registered as the
absolute owner of such Bond for the purpose of making and receiving payment of the principal
thereof and interest thereon and for all other purposes, whether or not such Bond is overdue, and
neither the District, the Paying Agent, nor the Registrar shall be bound by any notice or knowledge
to the contrary. All payments made to the Person deemed to be the owner of any Bond in
accordance with this Section 3.08 shall be valid and effective for all purposes and shall discharge
the liability of the District, the Paying Agent and the Registrar to the extent of the sums paid.
SECTION 3.09: REGISTRATION, TRANSFER AND EXCHANGE. So long as
any Bonds remain outstanding, the Registrar shall keep and maintain at its designated office a
Register in which, subject to such reasonable regulations as it may prescribe, the Registrar shall
provide for the registration, transfer and exchange of Bonds in accordance with the terms of this
Order.
Each Bond shall be transferable only upon the presentation and surrender thereof at the
office designated by the Registrar, duly endorsed for transfer or accompanied by an assignment
duly executed by the registered owner or his authorized representative. Within three (3) Business
Days following due presentation for registration of the transfer of any Bond, the District shall
cause to be executed and the Registrar shall authenticate in the name of the transferee or transferees
one or more exchange Bonds in a like aggregate principal amount and a like interest rate and shall
deliver or mail same to the transferee or transferees by United States mail, first class, postage
prepaid.
All Serial Bonds shall be exchangeable upon the presentation and surrender thereof at the
office designated by the Registrar for a Serial Bond or Serial Bonds having the same maturity and
interest rate, in any authorized denomination, and in an aggregate principal amount equal to the
unpaid principal amount of the Serial Bond or Serial Bonds presented for exchange. Within three
(3) Business Days following due presentation for exchange of any Serial Bond, the District shall
cause to be executed and the Registrar shall authenticate, register and deliver or send to the Holder,
by United States mail, first class, postage prepaid, exchange Serial Bonds in accordance with the
provisions of this Section 3.09. Except as provided in Section 3.12 hereof, a Term Bond is not
exchangeable so long as it is registered in the name of Cede & Co., as nominee of DTC.
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Each Bond transferred or exchanged and duly authenticated and delivered in accordance
with this Section 3.09 shall be entitled to the benefits and security of this Order to the same extent
as the Bond or Bonds in lieu of which such exchange Bond is delivered. No service charge shall
be made for any transfer or exchange referred to above, but the District or the Registrar may require
the Holder of any Bond to pay a sum sufficient to pay any tax or other governmental charge that
may be imposed in connection with the transfer or exchange of such Bond.
The Registrar shall not be required to transfer or exchange any Bond on any date
subsequent to a Record Date and prior to the next succeeding Interest Payment Date, or during any
period beginning fifteen (15) calendar days prior to, and ending on the date of the mailing of,
notice of redemption of Bonds prior to maturity, nor shall the Registrar be required to transfer or
exchange any Bond selected for redemption in whole or in part when such Redemption Date is
scheduled to occur within thirty (30) calendar days.
SECTION 3.10: REPLACEMENT BONDS. Upon the presentation and surrender to
the Registrar of a mutilated Bond, the District shall cause to be executed, and the Registrar shall
authenticate, register and deliver in exchange therefor, a replacement Bond of like tenor and
principal amount bearing a number not contemporaneously outstanding. In the event that any
Bond is lost, apparently destroyed or wrongfully taken, the District, pursuant to the applicable laws
of the State of Texas, and in the absence of actual notice or knowledge that such Bond has been
acquired by a bona fide purchaser, shall cause to be executed, and the Registrar shall authenticate,
register and deliver, a replacement Bond of like tenor, interest, and principal amount bearing a
number not contemporaneously outstanding, provided that the Holder thereof shall have:
(a) furnished to the Registrar and the District satisfactory evidence of the ownership
and the circumstances of the loss, destruction or theft of such Bond;
(b) furnished such security or indemnity as may be required by the Registrar, the
District and the Paying Agent to save the District, the Registrar and the Paying
Agent harmless;
(c) paid all expenses and charges in connection therewith, including, but not limited
to, printing costs, legal fees, fees and expenses of the Registrar, the District and
Paying Agent and any tax or other governmental charge that may be imposed; and
(d) met any other reasonable requirements of the District, the Registrar and the Paying
Agent.
If, after the delivery of such replacement Bond, a bona fide purchaser of the original Bond in lieu
of which such replacement Bond was issued presents for payment such original Bond, the District,
the Registrar and the Paying Agent shall be entitled to recover upon such replacement Bond from
the Person to whom it was delivered or any Person taking therefrom, except a bona fide purchaser,
and shall be entitled to recover upon the security or indemnity provided therefor to the extent of
any loss, damage, cost or expense incurred by the District, the Registrar and the Paying Agent in
connection therewith.
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In the event that any such mutilated, lost, apparently destroyed or wrongfully taken Bond
has become or is about to become due and payable, the Paying Agent, with the concurrence of the
Registrar, in their discretion, may pay such Bond, in lieu of issuance of a replacement Bond.
Each replacement Bond delivered in accordance with this Section 3.10 shall be entitled to
the benefits and security of this Order to the same extent as the Bond or Bonds in lieu of which
such replacement Bond is delivered.
SECTION 3.11: BOOK -ENTRY ONLY SYSTEM. Notwithstanding the foregoing,
the Initial Bonds and all subsequent Bonds shall be registered in the name of Cede & Co., as
nominee of DTC, except as provided in Section 3.12 hereof.
With respect to Bonds registered in the name of Cede & Co., as nominee of DTC, the
District, the Paying Agent and the Registrar shall have no responsibility or obligation to any DTC
Participant or to any Person on behalf of whom such a DTC Participant holds an interest in the
Bonds. In particular, and not by way of limiting the foregoing, the District, the Paying Agent and
the Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the
records of DTC, Cede & Co., or any DTC Participant with respect to any ownership interest in the
Bonds, (ii) the delivery to any DTC Participant or any other Person, other than a Holder, as shown
on the Register, of any notice with respect to the Bonds, including any notice of redemption, or
(iii) the payment to any DTC Participant or any other Person, other than a Holder, as shown in the
Register, any amount with respect to the principal of or the premium, if any, or interest on the
Bonds. Notwithstanding any other provision of this Order to the contrary, the District, the Paying
Agent and the Registrar shall be entitled to treat and consider the Person in whose name each Bond
is registered on the Register as the absolute owner of such Bond for the purpose of payment of the
principal of and the premium, if any, and interest on such Bond; for the purpose of giving notices
of redemption and other matters with respect to such Bond; for the purpose of registering transfers
with respect to such Bond; and for all other purposes whatsoever. The Paying Agent shall pay all
principal of and premium, if any, and interest on the Bonds only to or upon the order of the Holders,
as shown on the Register and as provided in this Order, or their respective attorneys duly
authorized in writing, and all such payments shall be valid and effective to fully satisfy and
discharge the District's obligations with respect to the payment of the principal of and the premium,
if any, and interest on the Bonds to the extent of the sum or sums so paid. Except as provided in
Section 3.12 hereof, no Person, other than a Holder, as shown on the Register, shall be issued an
exchange Bond pursuant to this Order. Upon delivery by DTC to the Paying Agent and the
Registrar of written notice to the effect that DTC has determined to substitute a new nominee in
place of Cede & Co., and subject to the provisions of this Order with respect to interest payments
to the Holders as of the close of business on a Record Date, the word "Cede & Co." in this Order
shall refer to such new nominee of DTC.
Notwithstanding any other provision of this Order to the contrary, so long as any Bond is
registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal
of and the premium, if any, and interest on such Bond, and all notices with respect to such Bond,
shall be made and given, respectively, in the manner provided in the Letter of Representation. If
fewer than all of the Bonds of the same maturity are to be redeemed, the particular Bonds, or
portions thereof, to be redeemed in whole or in part from within each such maturity shall be
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selected by DTC from the Bonds, or portions thereof, which have not previously been called for
redemption in accordance with the procedures of DTC notwithstanding any other provision of this
Order to the contrary.
SECTION 3.12: SUCCESSOR SECURITIES DEPOSITORY: TRANSFER
OUTSIDE BOOK -ENTRY ONLY SYSTEM. In the event that the District, in its sole discretion,
determines that the beneficial owners of the Bonds should be able to obtain exchange Bonds, the
District shall notify DTC and the DTC Participants, as identified by DTC, of the availability
through the Registrar of exchange Bonds and cause the registration and transfer of one or more
exchange Bonds to the DTC Participants having Bonds credited to their DTC accounts, as
identified by DTC, but only upon presentation of surrender of the Bonds to be exchanged, upon
receipt of proper proof of the ownership interests of the DTC Participants, and integral multiples
of $5,000 in principal amount; provided, however, that in such event, each Term Bond shall be
exchangeable only for one or more Serial Bonds bearing the same rate of interest and
corresponding in aggregate principal amounts and Maturity Dates to the unpaid mandatory
redemption amounts and Redemption Dates applicable to such Term Bond pursuant to Section
4.01 hereof, with the particular Maturity Date applicable to any such exchange Serial Bond to be
determined by the Registrar by lot or other customary method. In the event DTC discontinues the
services described herein, the District shall appoint a successor securities depository qualified to
act as such under Section 17 (a) of the Securities and Exchange Act of 1934, as amended; notify
DTC and the DTC Participants, as identified by DTC, of the appointment of such successor
securities depository; and cause the registration and transfer of one or more exchange Bonds to
such successor securities depository. In either such event, the Bonds shall no longer be restricted
to being registered on the Register in the name of Cede & Co., as nominee of DTC, but may be
registered in the name of the successor securities depository, or its nominee, or in whatever name
or names Holders transferring or exchanging Bonds shall designate, in accordance with the
provisions of this Order.
SECTION 3.13: CANCELLATION. All Bonds paid or redeemed in accordance with
this Order, and all Bonds in lieu of which exchange Bonds or replacement Bonds are executed,
authenticated, registered and delivered in accordance with Section 3.09 or Section 3.10 of this
Order, shall be cancelled upon the making of proper records regarding such payment, redemption,
exchange or replacement and shall be treated in accordance with the document retention policies
of the Paying Agent and the records retention schedules of the District. The Paying Agent and
Registrar shall periodically furnish the District with certificates of cancellation of such Bonds,
upon written request therefor.
(End of Article Three)
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ARTICLE FOUR
REDEMPTION OF BONDS BEFORE MATURITY,
SECTION 4.01: A. MANDATORY REDEMPTION OF TERM BONDS. Term
Bonds with Maturity Dates of September 1, 2040, 2045 and 2050, shall be redeemed, at a price
equal to the principal amount thereof, plus accrued interest to the Redemption Date, on September
1 in each of the years and in the principal amounts set forth in the following schedule, with the
particular portions of such Term Bonds to be redeemed to be selected by the Registrar or DTC, as
applicable, from the portions of the Term Bonds which have not previously been redeemed by the
District, by lot or other customary method:
Year of Principal
Redemption Amount
2036 $ 75,000
2037 $ 80,000
2038 $ 80,000
2039 $ 85,000
2040 (Maturity) $ 90,000
2041 $ 90,000
2042 $ 95,000
2043 $100,000
2044 $100,000
2045 (Maturity) $105,000
2046 $110,000
2047 $115,000
2048 $120,000
2049 $125,000
2050 (Maturity) $130,000
Notwithstanding the foregoing, to the extent that Term Bonds of a particular maturity have been
previously redeemed in part through the exercise of the District's reserved right of optional
redemption, as provided below, each of the aforesaid scheduled mandatory redemption payments
for the Term Bonds of such maturity shall be reduced in each such instance of prior redemption,
as specified in the District's notice to the Paying Agent as provided below.
B. OPTIONAL REDEMPTION OF BONDS. The District reserves the right, at its
option, to redeem the Bonds maturing on or after September 1, 2028, prior to their scheduled
maturities, in whole or, from time to time, in part, on September 1, 2027, or on any date thereafter,
at a price equal to the principal amount thereof to be redeemed plus accrued interest on said
principal amount thereof called for redemption to the Redemption Date. The District shall, at least
forty-five (45) calendar days prior to the Redemption Date (unless a shorter notice shall be
satisfactory to the Registrar and Paying Agent), notify the Registrar and Paying Agent of such
Redemption Date and of the principal amount of the Bonds of each maturity to be redeemed. If
less than all of the Serial Bonds of the same maturity are to be redeemed, the particular Serial
Bonds to be redeemed in whole or in part from within each such maturity shall be selected by the
Registrar or DTC, as applicable, from the Serial Bonds which have not previously been called for
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redemption, by lot or other customary method; provided, however, that in the event that a Serial
Bond subject to redemption is in a denomination larger than $5,000, a portion of such Serial Bond
may be redeemed, but only in a principal amount equal to $5,000 or an integral multiple thereof.
The Registrar shall promptly notify the District and the Paying Agent, if different than the
Registrar, in writing, of the Serial Bonds selected for redemption and, in the case of any Serial
Bond selected for partial redemption, of the principal amount thereof to be redeemed. If less than
all of the outstanding principal amount of a Term Bond is to be redeemed, the District shall notify
the Paying Agent at least forty-five (45) calendar days prior to the Redemption Date of the
reductions in the remaining mandatory redemption amounts to result from such optional
redemption.
For purposes of this Order, unless the context otherwise requires, all provisions relating to
the redemption of Bonds shall relate, in the case of any Bond redeemed or to be redeemed only in
part, to the portion of the principal amount of such Bond which has been or is to be redeemed.
Upon surrender of any Bond for redemption in part, the Registrar, in accordance with Section 3.09
of this Order, shall authenticate, register and deliver an exchange Bond or Bonds of like interest
rate and in aggregate principal amount equal to the unredeemed portion of the Bond so
surrendered; provided, however, that the foregoing shall not apply to Bonds registered as set forth
in Section 3.11 of this Order.
SECTION 4.02: NOTICE OF REDEMPTION. Notice of the selection of any Bonds
for redemption pursuant to Section 4.01 above is hereby directed to be given by the Registrar,
without any further instruction or notice from the District, at least thirty (30) calendar days prior
to the Redemption Date. Notice shall be given by first class United States mail, postage prepaid,
to the Holder of each Bond to be redeemed in whole or in part at the address shown on the Register
on the date which is forty-five (45) calendar days prior to the Redemption Date. Such notice shall
state the Redemption Date, the redemption price, the principal amounts of the Bonds to be
redeemed and, if less than all of the then outstanding Bonds are to be redeemed, the identification
(and, in the case of partial redemptions within a maturity, the respective principal amounts) of the
Bonds to be redeemed, the amount of accrued interest payable on the Redemption Date and the
place at which the Bonds are to be surrendered for payment. Any notice mailed as provided in this
Section 4.02 shall be conclusively presumed to have been duly given, whether or not the Holder
actually receives such notice. Except as otherwise provided in Section 11.03 of this Order, no
other notice of the reserved right of redemption shall be given unless otherwise required by law.
By the Redemption Date, due provision shall be made with the Paying Agent for the
payment of the principal of the Bonds to be redeemed, plus accrued interest thereon to the
Redemption Date. When Bonds have been called for redemption, in whole or in part, as provided
above, and due provision has been made to redeem same, such Bonds or portions thereof, shall no
longer be regarded as outstanding, except for the purpose of receiving payment from the funds
provided for redemption, and the right of the Holders to collect interest which would otherwise
accrue after the Redemption Date upon the principal of such Bonds or the portions thereof so called
for redemption shall be terminated.
(End of Article Four)
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ARTICLE FIVE
FORM OF BONDS
SECTION 5.01: FORM OF BONDS. The Bonds authorized by this Order, including
the registration certificate of the Comptroller of Public Accounts of the State of Texas or Registrar,
as applicable, and form of assignment shall be in substantially the forms specified in Exhibit "A"
and Exhibit "B" attached hereto and made a part hereof for all purposes, with such omissions,
insertions and variations as may be necessary or desirable and consistent with the terms of this
Order.
SECTION 5.02: CERTIFICATE OF REGISTRAR. The form of Certificate of
Registrar specified in Exhibit "B" attached hereto shall be printed on or attached to each of the
Bonds authenticated, registered and delivered subsequent to the Initial Bonds.
SECTION 5.03: REGISTRATION OF BONDS BY STATE COMPTROLLER
AND CERTIFICATE. The Initial Bonds shall be registered by the Comptroller of Public Accounts
of the State of Texas, as provided by law. In lieu of the Certificate of Registrar specified in Section
5.02 hereof, the registration certificate of the Comptroller of Public Accounts of the State of Texas
shall be printed or typed on or attached to each of the Initial Bonds and shall be in substantially
the form specified in Exhibit "A" attached hereto.
SECTION 5.04: FORM OF ASSIGNMENT. The form of Assignment specified in
Exhibit "A" and Exhibit "B" attached hereto shall be printed at the back of or attached to each of
the Bonds.
SECTION 5.05: CUSIP REGISTRATION. The officers and representatives of the
District may secure the printing of identification numbers on the Bonds through the CUSIP Global
Services, managed by S&P Global Market Intelligence on behalf of the American Bankers
Association.
SECTION 5.06: LEGAL OPINION. The approving opinion of the District's Bond
Counsel may be printed on the Bonds over the certification of the Secretary of the Board of
Directors, which may be executed in facsimile or, with respect to Bonds registered in the name of
Cede & Co., as nominee of DTC, in accordance with Section 3.11 of this Order, an original of said
opinion may be delivered to the Initial Purchaser.
SECTION 5.07: BOOK -ENTRY ONLY BONDS. Notwithstanding anything in this
Article Five to the contrary, exchange bonds in the form specified in Exhibit "B" attached hereto
shall not be issued except as set forth in Section 3.12 of this Order.
(End of Article Five)
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ARTICLE SIX
SECURITY FOR THE BONDS
SECTION 6.01: SECURITY FOR THE BONDS. The Bonds are secured by and
payable from the proceeds of an annual ad valorem tax, levied without legal limitation as to rate
or amount, upon all taxable property within the District, and such taxes, as collected and received,
are hereby pledged to the payment of the principal of and the interest, payment expenses and
redemption price on the Bonds.
SECTION 6.02: LEVY OF TAX. To pay the interest on the Bonds, and to create a
sinking fund for the payment of the principal thereof when due, and to pay the expenses of
assessing and collecting such taxes and making payments in respect of the Bonds, there is hereby
levied, and there shall be assessed and collected in due time, an annual ad valorem tax, without
legal limit as to rate or amount, upon all taxable property in the District for each year while any of
the Bonds are outstanding. All of the proceeds of such collections, except costs incurred in that
connection, shall be paid into the Bond Fund Road Bond Account, as established pursuant to
Article Seven of this Order and the aforementioned tax and such payments into the Bond Fund
Road Bond Account shall continue until the Bonds and the interest thereon, together with all
expenses incurred in making payments in respect of the Bonds and all amounts due to the United
States of America pursuant to Section 8.01(g) hereof, have been fully paid and discharged, and
such proceeds shall be used for such purposes and no other. While said Bonds, or any of them,
are outstanding and unpaid, an ad valorem tax, each year at a rate from year to year as will be
ample and sufficient to provide funds to pay the current interest on said Bonds and to provide the
necessary sinking fund to pay the principal and accrued interest on the Bonds when due, with full
allowance being made for delinquencies and costs of collection, shall be levied, assessed and
collected, as follows:
(a) After receipt of the certified roll of taxable property in each year, and at such time
as required by then applicable law, the Board of Directors shall consider the taxable
property in the District and determine the actual rate per $100 valuation of taxable
property which is to be levied in that year and shall levy such tax against all taxable
property in the District.
(b) In determining the actual rate to be levied in each year, the Board of Directors shall
consider, among other matters:
(1) the amount which should be levied for the payment of the principal of or
the interest, payment expenses and redemption price on each series of bonds
or notes of the District payable in whole or in part from taxes, including,
but not limited to, the Bonds and any Additional Bonds; and
(2) the percentage of anticipated tax collections and the costs of assessing and
collecting such taxes.
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(c) In determining the amount of taxes which should be levied each year, the Board of
Directors may also consider whether proceeds from the sale of bonds of the District
have been capitalized or placed in escrow to pay interest during construction and
whether the Board of Directors reasonably expects to have investment earnings
from the Bond Fund or the Bond Fund Road Bond Account, as applicable, or excess
arbitrage profits payable to the United States of America, or revenues or receipts
available from other sources which are legally available to pay the principal of or
the interest, payment expenses or redemption price on the Bonds, or any Additional
Bonds or notes payable in whole or in part from taxes.
In addition to the tax levied pursuant to this Section 6.02, the District may also levy from time to
time taxes for maintenance and operation purposes, for contract obligations payable from taxes,
and for any other purpose or purposes authorized by law.
SECTION 6.03: PERFECTION OF PLEDGE. Chapter 1208, Texas Government
Code, applies to the issuance of the Bonds and the pledge of taxes by the District under Section
6.01 of this Order, and such pledge is, therefore, valid, effective and perfected. If, at any time
while all or any portion of the Bonds are outstanding and unpaid, Texas law is amended in a
manner that such pledge is to be subject to the filing requirements of Chapter 9, Texas Business &
Commerce Code, then in order to preserve to the Holders the perfection of the security interest in
and to such pledge, the District covenants and agrees to take such measures as it determines are
reasonable and necessary under Texas law to comply with the applicable provisions of Chapter 9,
Texas Business & Commerce Code, and to enable a filing to perfect the security interest in such
pledge to occur.
(End of Article Six)
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ARTICLE SEVEN
APPLICATION OF BOND PROCEEDS; FLOW OF FUNDS AND INVESTMENTS
SECTION 7.01: BOND PROCEEDS. Proceeds from the sale of the Bonds will be
disbursed in accordance with this Article Seven.
SECTION 7.02: CREATION OF FUNDS AND ACCOUNTS. The District hereby
creates and establishes a Bond Fund, and there is hereby created and established within the Bond
Fund a special account to be known and designated as the Bond Fund Road Bond Account. In
addition, the District hereby creates and establishes a Construction Fund and, within the
Construction Fund, a special account to be known and designated as the Road Construction Fund
Account. Each fund and account shall be kept separate and apart from all other funds and accounts
of the District. The Bond Fund Road Bond Account, to the extent permitted by law, shall constitute
a trust fund for the benefit of the Holders of the Bonds and any Additional Bonds issued for the
purpose of financing roads payable in whole or in part from taxes, and shall be applied only to pay
interest and principal on the Bonds and any Additional Bonds payable in whole or in part from
taxes and the fees and expenses of any Paying Agent or Registrar in respect of same, and to defray
the expenses, if any, of assessing and collecting taxes levied for payment of the interest on and
principal of the Bonds and any Additional Bonds issued for the purpose of financing roads payable
in whole or in part from taxes, to pay any tax anticipation notes issued together with interest
thereon, as such tax anticipation notes shall become due, and to pay to the United States of America
any excess arbitrage profits in respect of the Bonds and any Additional Bonds payable in whole or
in part from taxes which may hereafter come due.
SECTION 7.03: SECURITY OF ACCOUNTS. Any cash balance in any fund or
account of the District, to the extent not insured by the Bank Insurance Fund managed and
maintained by the Federal Deposit Insurance Corporation, or a successor insurance fund, shall be
continuously secured by a valid pledge to the District of securities eligible under the laws of Texas
to secure the funds of districts such as the District, having an aggregate market value, exclusive of
accrued interest, at all times at least equal to the uninsured cash balance in the fund to which such
securities are pledged or such higher amount as required by the District's policies for investment
of funds of the District.
SECTION 7.04: DEPOSITS TO AND WITHDRAWALS FROM BOND FUND
ROAD BOND ACCOUNT. The District shall deposit or cause to be deposited into the Bond Fund
Road Bond Account the aggregate of the following at the times specified:
(a) As soon as practicable after the Initial Bonds are sold and delivered, moneys
received from the Initial Purchaser representing accrued interest on the
Bonds from the Initial Date to the date of their delivery;
(b) As soon as practicable after the Initial Bonds are sold and delivered, out of
the proceeds of the sale of the Bonds, a sum equal to the initial twelve (12)
months of interest on the Bonds; and
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(c) As collected, the proceeds from collection of the ad valorem tax levied
pursuant to Section 6.02 hereof, less the costs of collection thereof.
Not later than five (5) calendar days prior to any Maturity Date, Redemption Date and/or Interest
Payment Date on the Bonds, the Board of Directors shall cause moneys to be deposited into the
Bond Fund in an amount not less than that which is sufficient to pay the principal of the Bonds
which matures and becomes payable on such date, the interest which accrues and becomes payable
on such date, and the fees and expenses of the Paying Agent and the Registrar for handling and
making such payments on the Bonds on such date, and not later than two (2) Business Days prior
to such payment dates shall cause such amounts to be wire transferred to the Paying Agent.
SECTION 7.05: CONSTRUCTION FUND. The District shall deposit or cause to be
deposited into the Road Construction Fund Account the Net Proceeds of the Bonds, less any
portion of the Net Proceeds that has been utilized by the Paying Agent, pursuant to written
instructions of the District, for expenses incident to the issuance of the Bonds. Moneys on deposit
in the Road Construction Fund Account shall be used solely for the payment of the expenses
incident to the issuance of the Bonds, including financial advisory, legal and engineering fees and
expenses, and administration, organization and printing expenses of the District, and the costs of
purchasing, constructing, acquiring, owning, operating, repairing, improving or extending the
Road System.
SECTION 7.06: SURPLUS CONSTRUCTION FUNDS. After completion of the
Road System facilities for which the Bonds are issued and the payment of all lawful obligations
associated therewith, at the option of the Board, and, if required, with the consent of any regulatory
authority having jurisdiction, the proceeds of the Bonds remaining in the Road Construction Fund
Account, together with investment earnings thereon, may be used to pay the costs of constructing
additional road facilities which will become part of the Road System and/or for any other lawful
purpose for which the Bonds were authorized, if such use, in the opinion of Bond Counsel, does
not adversely affect the status of the exclusion of interest on the Bonds from gross income for
federal income tax purposes. Any moneys remaining in the Road Construction Fund Account after
completion of the entire Road System shall be deposited into the Bond Fund Road Bond Account.
SECTION 7.07: INVESTMENTS; EARNINGS. Moneys deposited into the Bond
Fund and the Bond Fund Road Bond Account therein, and into the Construction Fund and the
Road Construction Fund Account therein, and any other fund or funds which the District may
lawfully create may be invested or reinvested from time to time, but only in Authorized
Investments. Except to the extent otherwise required to maintain compliance with the covenants
set forth in Section 8.01 hereof, all investments and any profits realized from or interest accruing
on such investments shall belong to the fund and the account from which the moneys for such
investment were taken; provided, however that in the discretion of the Board of Directors, and, if
required, with the consent of any regulatory authority having jurisdiction, the profits realized from
and interest accruing on investments made from any fund may be transferred to the appropriate
account within the Bond Fund. If any moneys are so invested, the District shall have the right to
have sold in the open market a sufficient amount of such investments to meet its obligations in the
event any fund does not have sufficient uninvested moneys on hand to meet the obligations payable
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out of such fund. After such sale, the moneys resulting therefrom shall belong to the fund from
which such investments were initially taken. The District shall not be responsible to the Holders
for any loss arising out of the sale of any investments.
(End of Article Seven)
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ARTICLE EIGHT
TAX EXEMPTION
SECTION 8.01: TAX EXEMPTION. For purposes of this Section 8.01, the term
"Net Proceeds" means the proceeds derived from the sale of the Bonds, plus interest earnings
thereon, less any amounts deposited in a reasonably required reserve or replacement fund; the term
"Person" includes any individual, corporation, partnership, unincorporated association or any other
entity capable of carrying on a trade or business; and the term "trade or business" means, with
respect to any natural person, any activity regularly carried on for profit and, with respect to
Persons other than natural persons, means any activity other than an activity carried on by a
governmental unit.
The District covenants that it shall make such use of the Net Proceeds of the Bonds,
regulate investments thereof and take such other and further actions as may be required by Sections
103 and 141-150 of the Internal Revenue Code of 1986 (the "Code"), and all applicable temporary,
proposed and final regulations and procedures promulgated thereunder or promulgated under the
Internal Revenue Code of 1954, to the extent applicable to the Code (the "Regulations"), necessary
to assure that interest on the Bonds is excludable from gross income for federal income tax
purposes. Without limiting the generality of the foregoing, the District hereby covenants as
follows:
(a) The District has not permitted and will not permit more than ten percent (10%) of
the Net Proceeds of the Bonds to be used in the trade or business of any Person
(other than use as a member of the general public) other than a governmental unit
("private -use proceeds");
(b) The District has not permitted and will not permit more than five percent (5%) of
the Net Proceeds of the Bonds to be used in the trade or business of any Person,
other than a governmental unit, if such use is unrelated to the governmental purpose
of the Bonds; and further, the amount of private -use proceeds of the Bonds in excess
of five percent (5%) of the Net Proceeds of the Bonds ("excess private -use
proceeds") will not exceed the proceeds of the Bonds expended for the
governmental purpose of the Bonds to which such excess private -use proceeds
relate;
(c) The principal of and interest on the Bonds will be paid from ad valorem tax
collections, together with investment profits and interest earnings thereon;
(d) The District has not permitted and will not permit an amount exceeding the lesser
of (i) $5,000,000 or (ii) five percent (5%) of the Net Proceeds of the Bonds to be
used directly or indirectly to finance loans to Persons other than governmental
units;
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(e) The District will not use the proceeds of the Bonds in a manner that would cause
the Bonds or any portion thereof to be an "arbitrage bond" within the meaning of
Section 148 of the Code or otherwise in any manner which would cause the Bonds
to violate the provisions of Section 149(d) of the Code. The District will monitor
the yield on the investment of the proceeds of the Bonds and moneys pledged to
the payment of the Bonds, other than amounts not subject to yield restriction
because of their deposit in a reasonably required reserve or replacement fund or a
bona fide debt service fund, and will restrict the yield on such investments to the
extent required by the Code or the Regulations. Without limiting the generality of
the foregoing, the District will take appropriate steps to restrict the yield on (i) all
Net Proceeds of the Bonds on hand on a date that is three (3) years from the date of
delivery of the Bonds and on all amounts within the Bond Fund not disbursed
within thirteen (13) months of the date of deposit therein (using a last -in, first out
accounting conversion) and (ii) all investment earnings on hand on a date that is
three (3) years from the date of delivery of the Bonds or one (1) year from the date
such investment proceeds are received, whichever is later, to a yield which is not
materially higher than the yield on the Bonds (in both cases calculated in
accordance with the Code and the Regulations);
(f)
(g)
The District will not cause the Bonds to be treated as "federally guaranteed"
obligations within the meaning of Section 149(b) of the Code (as same may be
modified in any applicable rules, rulings, policies, procedures, regulations or other
official statements promulgated or proposed by the Department of the Treasury or
the Internal Revenue Service with respect to "federally guaranteed" obligations
described in Section 149(b) of the Code);
To the extent, if applicable, required by the Code or Regulations, the District will
take all necessary steps to comply with the requirement that "excess arbitrage
profits" earned on the investment of the gross proceeds of the Bonds, if any, be
rebated to the United States of America, and specifically, the District will (i)
maintain records regarding the investment of the gross proceeds of the Bonds as
may be required to calculate such "excess arbitrage profits" separately from records
of amounts on deposit in the funds and accounts of the District which are allocable
to other bond issues of the District or moneys which do not represent gross proceeds
of any bonds of the District, (ii) calculate, not less often than required by applicable
federal law and the Regulations, the amount of "excess arbitrage profits", if any,
earned from the investment of the gross proceeds of the Bonds and (iii) pay, not
less often than required by applicable federal law and the Regulations, all amounts
required to be rebated to the United States of America; and the District will not
indirectly pay any amount otherwise payable to the United States of America
pursuant to the foregoing requirements to any Person other than the United States
of America by entering into any investment arrangement with respect to the gross
proceeds of the Bonds that might result in a smaller profit or a larger loss than
would have resulted if the arrangement had been at arm's length and had the yield
on the issue not been relevant to either party;
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(h) The District will timely file a statement with the United States of America setting
forth the information required pursuant to Section 149(e) of the Code; and
(i) This Order is intended to satisfy the official intent requirements set forth in section
1.150-2 of the Treasury Regulations.
For purposes of the foregoing (a), (b) and (e), the District understands that the term "Net Proceeds"
includes "disposition proceeds" as defined in the Regulations and, in the case of refunding bonds,
transferred proceeds (if any) and proceeds of the refunded bonds expended prior to the date of
issuance of the Bonds. It is the understanding of the District that the covenants contained herein
are intended to assure compliance with the Code and any regulations or rulings promulgated by
the United States Department of the Treasury pursuant thereto. In the event that regulations or
rulings are hereafter promulgated which modify or expand provisions of the Code, as applicable
to the Bonds, the District will not be required to comply with any covenant contained herein to the
extent that such failure to comply, in the opinion of nationally -recognized bond counsel, will not
adversely affect the exclusion of interest on the Bonds from gross income for federal income tax
purposes under Section 103 of the Code. In the event that regulations or rulings are hereafter
promulgated which impose additional requirements which are applicable to the Bonds, the District
agrees to comply with the additional requirements to the extent necessary, in the opinion of
nationally -recognized bond counsel, to preserve the exclusion of interest on the Bonds from gross
income for federal income tax purposes under Section 103 of the Code. In furtherance of such
intention, the District hereby authorizes and directs the President or Vice President of the Board
to execute any documents, certificates or reports required by the Code and to make such elections,
on behalf of the District, which may be permitted by the Code as are consistent with the purpose
for the issuance of the Bonds. Furthermore, all officers, employees and agents of the District are
authorized and directed to provide certifications of facts, estimates and circumstances which are
material to the reasonable expectations of the District as of the date the Initial Bonds are delivered
and paid for, and any such certifications may be relied upon by Bond Counsel, by the Holders of
the Bonds, and by any Person interested in the exclusion of interest on the Bonds from gross
income for federal income tax purposes. Moreover, the District covenants that it shall make such
use of the proceeds of the Bonds, regulate investments of proceeds thereof, and take such other
and further actions as may be required to maintain the exclusion of interest on the Bonds from
gross income for federal income tax purposes.
SECTION 8.02: BONDS QUALIFIED TAX-EXEMPT OBLIGATIONS. The
District hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section
265(b) of the Code and covenants that it shall take all actions necessary with respect to the Bonds
to satisfy the requirements of Section 265(b)(3) of the Code. In particular, the District represents
that:
(a) the aggregate amount of tax-exempt obligations issued by the District
during calendar year 2021, including the Bonds, which have been designated as "qualified
tax-exempt obligations" under Section 265(b)(3) of the Code, does not exceed
$10,000,000; and
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(b) the reasonably anticipated amount of tax-exempt obligations which will be
issued by the District during the calendar year 2021, including the Bonds, will not exceed
$10,000,000.
For purposes of this Section 8.02, the term "tax-exempt obligation" does not include "specified
private activity bonds" within the meaning of Section 141 of the Code, other than "qualified
501(c)(3) bonds" within the meaning of Section 145 of the Code. In addition, for purposes of this
Section 8.02, the District includes all governmental units of which the District is a "subordinate
entity" and governmental units which are "subordinate entities" of the District, within the meaning
of Section 265(b)(3)(E) of the Code.
SECTION 8.03: ALLOCATION OF, AND LIMITATION ON, EXPENDITURES,
The District covenants to account for the expenditure of the proceeds of the sale of the Bonds and
investment earnings to be used for the purposes for which the Bonds are issued on its books and
records by allocating proceeds to expenditures within 18 months of the later of the date that (1)
the expenditure is made, or (2) the facilities to be constructed and/or purchased with the proceeds
of the Bonds are completed. The foregoing notwithstanding, the District shall make such
allocation in any event by the date 60 days after the earlier of (1) the fifth anniversary of the
delivery of the Bonds, or (2) the date the Bonds are retired. For purposes of determining
compliance with this covenant the District and its officers, agents and representatives may rely
upon an opinion of nationally recognized bond counsel or tax counsel to the effect that the
proposed actions or omissions of the District will not adversely affect the exclusion of interest on
the Bonds from gross income for federal income tax purposes.
SECTION 8.04: DISPOSITION OF FACILITIES. The District covenants that the
property constituting the facilities to be constructed and/or purchased with the proceeds of the
Bonds will not be sold or otherwise disposed of, except to the City of College Station, Texas, in a
transaction resulting in the receipt by the District of cash or other compensation unless the District
obtains an opinion of nationally recognized bond counsel or tax counsel to the effect that the
proposed actions of the District will not adversely affect the exclusion of interest on the Bonds
from gross income for federal income tax purposes. For purposes of the foregoing, the portion of
the property comprising personal property and disposed of in the ordinary course shall not be
treated as a transaction resulting in the receipt of cash or other compensation.
(End of Article Eight)
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ARTICLE NINE
ADDITIONAL BONDS AND REFUNDING BONDS
SECTION 9.01: ADDITIONAL BONDS. The District expressly reserves the right
to issue, in one or more installments, any Additional Bonds for authorized purposes, including,
without limitation:
(a) the remaining unissued bonds which were authorized at the election described in
Section 1.05 (b) and (c) of this Order; and
(b) such other bonds as the District may hereafter be authorized to issue from time to
time.
SECTION 9.02: REFUNDING BONDS. The District further reserves the right to
issue refunding bonds including, without limitation, the refunding bonds which were authorized at
the election described in Section 1.05 (d) of this Order, in any manner permitted by law to refund
the Bonds and any Additional Bonds, at or prior to their respective Maturity Dates or on any
Redemption Dates.
(End of Article Nine)
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ARTICLE TEN
DEFAULT PROVISIONS
SECTION 10.01: REMEDIES IN EVENT OF DEFAULT. In addition to any other
rights and remedies provided by the laws of the State of Texas, the District covenants and agrees
that in the event of default in the payment of the principal of or interest on any of the Bonds when
due, or, in the event the District fails to make the payments required to be made into the Bond
Fund Road Bond Account, or defaults in the observance or performance of any other of the
covenants, conditions or obligations set forth in this Order, the Holders shall be entitled to seek a
writ of mandamus issued by a court of competent jurisdiction compelling and requiring the District
and the officials thereof to observe and perform the covenants, obligations or conditions prescribed
in this Order. Any delay or omission in the exercise of any right or power accruing upon any
default shall not impair any such right or power or be construed to be a waiver of any such default
or acquiescence therein, and every such right and power may be exercised from time to time and
as often as may be deemed expedient.
SECTION 10.02: ORDER IS CONTRACT. In consideration of the purchase and
acceptance of the Bonds by the Holders, the provisions of this Order shall be deemed to be and
shall constitute a contract between the District and such Holders, and the covenants and agreements
herein set forth to be performed on behalf of the District shall be for the equal benefit, protection
and security of each of such Holders. Each of the Bonds, regardless of the time or times of their
issue, authentication, registration, delivery or maturity, shall be of equal rank, without preference,
priority or distinction of any Bond over any other, except as expressly provided herein.
(End of Article Ten)
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ARTICLE ELEVEN
CONTINUING DISCLOSURE
SECTION 11.01: DEFINITIONS. As used in this Article, the following terms have
the meanings ascribed to them below:
The term "MSRB" means the Municipal Securities Rulemaking Board.
The term "obligated person" has the meaning assigned to such term in the Rule.
The term "Offering" has the meaning assigned to such term in the Rule.
The term "Rule" means SEC Rule 15c2-12 and any regulations promulgated thereunder,
all as amended from time to time.
The term "SEC" means the United States Securities and Exchange Commission.
The term "Significant Developer" means College Station Town Center, Inc., a Texas
corporation, and College Station Downtown Residential, LLC, a Texas limited liability company
(collectively, "Developer") and any Person to whom the Developer voluntarily assigns (except as
collateral) the right to receive a payment out of the proceeds from the sale of the Bonds, and each
other Person, if any, to whom the District voluntarily makes or agrees or has agreed to make a
payment out of such proceeds, but only if and for so long as (a) the Developer, or such other Person
has an agreement with the District to receive proceeds of the Bonds and (1) is an owner of real or
personal property within the District aggregating at least twenty percent (20%) of the assessed
valuation of all taxable property within the District, as reflected by the most recently certified tax
rolls of the District, (2) is an owner of real or personal property within the District who (for the
current tax year) contributes at least twenty percent (20%) of the debt service requirements of the
District for the following year in respect of the Bonds through taxes, standby fees or any other
form of payment or contribution, or (3) is an owner of real or personal property within the District
who through a contractual agreement or other arrangement with or for the benefit of the District,
has guaranteed at least twenty percent (20%) of the construction costs of the District's facilities to
be financed with the proceeds of the Bonds; or (b) the Developer or such other Person has a
majority ownership interest in and an agreement with a Person described in (a)(2) above to pay or
assume primary liability for the payments described therein.
SECTION 11.02: ANNUAL REPORTS. The offering of the Bonds qualifies for the
Rule 15c2-12(d)(2) exemption from Rule 15c2-12(b)(5) regarding the District's continuing
disclosure obligations because the District does not have more than $10,000,000 in aggregate
amount of outstanding bonds, including the Bonds, and no Person is committed by contract or
other arrangement with respect to payment of all, or part of, the Bonds. As required by the
exemption, the District shall provide within six (6) months after the end of each Fiscal Year ending
in or after 2021 to the MSRB, in an electronic format as prescribed by the MSRB, financial
information and operating data with respect to the District and each Significant Developer, but
only if, as, when and to the extent actually received by the District, of the general type included in
the District's final Official Statement prepared and distributed in connection with the Bonds, being
the information described in Exhibit "C" attached hereto. Any financial statements to be so
provided shall be (i) prepared in accordance with the accounting principles, described in Exhibit
"C" hereto, and (ii) audited, if the District and/or a Significant Developer commissions an audit of
such statements and such audit is completed within the period during which they must be provided
hereunder. If any such audit is not completed within such period, then the District shall provide
such audited financial statements for the applicable Fiscal Year to the MSRB when and if such
audit report becomes available.
If the District changes its Fiscal Year, the District will notify the MSRB of the change (and
of the date of the new Fiscal Year end) prior to the next date by which the District otherwise would
be required to provide financial information and operating data pursuant to this Section 11.02. The
District shall notify the MSRB, in a timely manner, of any failure of the District to provide
financial information or operating data in accordance with this Section 11.02 by the time required
herein. All documents provided to the MSRB pursuant to this Section 11.02 shall be accompanied
by identifying information as prescribed by the MSRB.
SECTION 11.03: EVENT NOTICES. The District shall notify the MSRB, in an
electronic format as prescribed by the MSRB, in a timely manner not in excess of ten (10) business
days after the occurrence of the event, of any of the following events with respect to the Bonds:
(a) Principal and interest payment delinquencies;
(b) Non-payment related defaults, if material within the meaning of the federal
securities laws;
(c) Unscheduled draws on debt service reserves reflecting financial difficulties;
(d) Unscheduled draws on credit enhancements reflecting financial difficulties;
(e) Substitution of credit or liquidity providers, or their failure to perform;
(f) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or
final determinations of taxability, Notice of Proposed Issue (IRS Form 5701-TEB)
or other material notices or determinations with respect to the tax-exempt status of
the Bonds, or other material events affecting the tax-exempt status of the Bonds;
(g)
Modifications to the rights of the Holders of the Bonds, if material within the
meaning of the federal securities laws;
(h) Calls for redemption of the Bonds, if material within the meaning of the federal
securities laws, and tender offers;
(i) Defeasances of the Bonds;
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(j) Release, substitution or sale of property securing repayment of the Bonds, if
material within the meaning of the federal securities laws;
(k) Rating changes;
(1) Bankruptcy, insolvency, receivership or similar event of the District or other
obligated person;
(m) The consummation of a merger, consolidation, or acquisition involving the District
or other obligated person or the sale of all or substantially all of the assets of the
District or other obligated person, other than in the ordinary course of business, the
entry into a definitive agreement to undertake such an action or the termination of
a definitive agreement relating to any such actions, other than pursuant to its terms,
if material within the meaning of the federal securities laws;
(n) Appointment of a successor or additional trustee or the change of name of a trustee,
if material within the meaning of the federal securities laws;
(o) Incurrence of a Financial Obligation of the District or other obligated person, if
material, or agreement to covenants, events of default, remedies, priority rights, or
other similar terms of a Financial Obligation of the District or other obligated
person, any of which affect security holders, if material; and
Default, event of acceleration, termination event, modification of terms, or other
similar events under the terms of a Financial Obligation of the District or other
obligated person, any of which reflect financial difficulties.
(p)
As used in clauses (o) and (p) above, the term "Financial Obligation" means: (i) a debt
obligation; (ii) a derivative instrument entered into in connection with, or pledged as security or a
source of payment for, an existing or planned debt obligation; or (iii) a guarantee of (i) or (ii)
however, the term Financial Obligation shall not include Municipal Securities as to which a final
official statement has been provided to the MSRB consistent with the Rule; the term "Municipal
Securities" means securities which are direct obligations of, or obligations guaranteed as to
principal or interest by, a state or any political subdivision thereof, or any agency or instrumentality
of a state or any political subdivision thereof, or any municipal corporate instrumentality of one or
more states and any other Municipal Securities described by Section 3(a)(29) of the Securities
Exchange Act of 1934, as the same may be amended from time to time. The Board of Directors
intends the words used in clauses (o) and (p) above and in the definition of Financial Obligation
to have the meanings ascribed to them in SEC Release No. 34-83885, dated August 20, 2018.
SECTION 11.04: LIMITATIONS, DISCLAIMERS AND AMENDMENTS.
(a) The District shall be obligated to observe and perform the covenants specified in
this Article for so long as, but only for so long as, the District remains an "obligated person" with
respect to the Bonds, within the meaning of the Rule, except that the District in any event will give
notice of any call for redemption of the Bonds or defeasance of the Bonds, in whole or in
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substantial part, made in accordance with this Order or applicable law that causes such Bonds to
no longer be outstanding.
(b) The provisions of this Article are for the sole benefit of the Holders and beneficial
owners of the Bonds, and nothing herein, expressed or implied, shall be deemed to confer any
benefit or any legal or equitable right, remedy or claim hereunder upon any other Person. The
District undertakes to provide only the financial information, operating data financial statements
and notices which it has expressly agreed to provide pursuant to this Article and does not hereby
undertake to provide any other information that may be relevant or material to a complete
presentation of the District's financial results, conditions or prospects of the District or any
Significant Developer, nor does the District undertake to update any information provided in
accordance with this Article or otherwise, except as expressly provided herein. The District does
not make any representation or warranty concerning such information or its usefulness to a
decision to invest in or to sell Bonds at any future date.
(c) UNDER NO CIRCUMSTANCES SHALL THE DISTRICT BE LIABLE TO THE
HOLDER OR BENEFICIAL OWNERS OF ANY BOND OR ANY OTHER PERSON, IN
CONTRACT OR IN TORT, FOR DAMAGES RESULTING, IN WHOLE OR IN PART, FROM
ANY BREACH BY THE DISTRICT, WHETHER NEGLIGENT OR WITHOUT FAULT ON
ITS PART, OF ANY COVENANT SPECIFIED IN THIS ARTICLE, BUT EVERY RIGHT AND
REMEDY, IN CONTRACT OR IN TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH,
SHALL BE LIMITED TO AN ACTION BY THE HOLDER FOR MANDAMUS OR SPECIFIC
PERFORMANCE. THE DISTRICT AGREES TO USE REASONABLE DILIGENCE TO
OBTAIN FROM EACH SIGNIFICANT DEVELOPER THE INFORMATION IT HAS
AGREED HEREIN TO PROVIDE; PROVIDED, HOWEVER, THE DISTRICT SHALL, IN ITS
SOLE DISCRETION DETERMINE WHETHER TO INSTITUTE OR PURSUE LEGAL OR
ADMINISTRATIVE PROCEEDINGS TO COMPEL THE FURNISHING OF ANY REQUIRED
INFORMATION TO THE DISTRICT
(d) No default by the District in observing or performing its obligations under this
Article shall constitute a breach of or default under this Order for purposes of any other provision
of this Order.
(e) Nothing in this Article is intended or shall act to disclaim, waive or otherwise limit
the duties of the District under applicable federal and state securities laws.
(f) Should the Rule be amended to obligate the District to make filings with or provide
notices to entities other than the MSRB, the District hereby agrees to undertake such obligations
with respect to the Bonds in accordance with the Rule as amended.
(g) Except as provided hereinafter, the provisions of this Article may be amended by
the District from time to time, in its discretion, to adapt to changed circumstances that arise from
a change in law, the identity, nature, status or type of operations of the District or any Significant
Developer, or other circumstances, but only if (i) the provisions of this Article, as so amended,
would have permitted an underwriter to purchase or sell the Bonds in a primary offering of the
Bonds in compliance with the Rule, taking into account any amendments or interpretations of the
11-4
Rule to the date of such amendment, as well as such changed circumstances, and (ii) either (A) the
Holders of a majority in aggregate principal amount (or any greater amount required by any other
provision of this Order that authorizes such an amendment) of the outstanding Bonds consent to
such amendment, or (B) a Person that is unaffiliated with the District (such as nationally
recognized bond counsel) determines that such amendment will not materially impair the interests
of the Holders and beneficial owners of the Bonds. If this Article is so amended, the District shall
include with any amended financial information or operating data next provided in accordance
with this Article an explanation, in narrative form, of the reasons for the amendment and of the
impact of any change in the type of financial information or operating data so provided.
Notwithstanding the foregoing, the District may also repeal or amend the provisions of this Article
if the SEC amends or repeals the applicable provisions of the Rule or if any court of final
jurisdiction enters judgment that such provisions of the Rule are invalid, but, in either case, only
if and to the extent that any such amendment or repeal by the District would not prevent an
underwriter from lawfully purchasing or selling the Bonds in the primary offering of the Bonds.
(End of Article Eleven)
11-5
ARTICLE TWELVE
MISCELLANEOUS PROVISIONS
SECTION 12.01: PAYMENT OF BONDS AND PERFORMANCE OF
OBLIGATIONS. The District covenants to pay promptly the principal of and the interest on the
Bonds as the same become due and payable, whether at maturity or by prior redemption, in
accordance with the terms of the Bonds and this Order, and to keep and perform faithfully all of
its covenants, undertakings and agreements contained in this Order, the Initial Bonds or in any
Bond executed, authenticated, registered and delivered hereunder.
SECTION 12.02: DISTRICT'S SUCCESSORS AND ASSIGNS. Whenever in this
Order the District is named and referred to, such naming or reference shall be deemed to include
the District's successors and assigns, and all covenants and agreements in this Order by or on behalf
of the District, except as otherwise provided herein, shall bind and inure to the benefit of the
District's successors and assigns, whether or not so expressed.
SECTION 12.03: NO RECOURSE AGAINST DISTRICT OFFICERS. No recourse
shall be had for the payment of the principal of or interest on the Bonds or for any claim based
thereon or on this Order against any officer of the District or any Person executing the Bonds.
SECTION 12.04: PAYING AGENT MAY OWN BONDS. The Paying Agent, in its
individual or any other capacity, may become the owner or pledgee of the Bonds with the same
rights it would have if it were not Paying Agent.
SECTION 12.05: REGISTRAR. The initial Registrar in respect of the Bonds shall be
The Bank of New York Mellon Trust Company, N.A. with its principal corporate trust office and
its principal payment office in Dallas, Texas. The District will maintain at least one Registrar in
the State of Texas, where the Bonds may be surrendered for registration of transfer and/or for
exchange or replacement for other Bonds, and for the purpose of maintaining the Register on behalf
of the District. The Registrar shall at all times be a duly qualified and competent trust or banking
corporation or association organized and doing business under the laws of the United States of
America, or of any State thereof, with a combined capital and surplus of at least $25,000,000,
which is subject to supervision of or examination by federal or State banking authorities, and which
is a transfer agent duly registered with the United States Securities and Exchange Commission.
The District, by order, resolution or other appropriate action, reserves the right and authority to
change any Registrar or to appoint additional Registrars, and upon any such change or
appointment, the District covenants and agrees to promptly cause written notice thereof, specifying
the name and address of such changed or additional Registrar, to be sent to each Holder of the
Bonds by United States mail, first class, postage prepaid.
SECTION 12.06: PAYING AGENT. The initial Paying Agent in respect of the Bonds
shall be The Bank of New York Mellon Trust Company, N.A. with its principal corporate trust
office and its principal payment office in Dallas, Texas. To the extent practicable, the District will
maintain in the State of Texas, at least one (1) duly qualified and competent trust or banking
12-1
corporation or association organized and doing business under the laws of the United States of
America, or of any State thereof, where the Bonds may be presented or surrendered for payment
of principal. The District, by order, resolution or other appropriate action, reserves the right and
authority to change any Paying Agent or to appoint additional Paying Agents, and upon any such
change or appointment, the District covenants and agrees to promptly cause written notice thereof,
specifying the name and address of such changed or additional Paying Agent, to be sent to each
Holder of the Bonds by United States mail, first class, postage prepaid.
SECTION 12.07: DISCHARGE BY DEPOSIT. The District may discharge its
obligation to the Holders to pay the principal of and the interest on the Bonds and may defease the
Bonds in accordance with the provisions of then applicable law, including, without limitation,
V.T.C.A. Government Code § 1207.001 et seq., as amended.
SECTION 12.08: LEGAL HOLIDAYS. In any case when any Interest Payment Date,
Maturity Date or Redemption Date for any Bond is not a Business Day, then payment by the Paying
Agent of such principal, interest or redemption price need not be made on such day, but may be
made on the next succeeding Business Day with the same force and effect as if made on the
scheduled Interest Payment Date, Maturity Date or Redemption Date, and no further interest shall
accrue beyond such scheduled date.
SECTION 12.09: ESCHEAT LAWS. Notwithstanding any part or provision of the
Bonds or this Order to the contrary, the powers, rights, duties, functions and responsibilities of the
District, the Paying Agent, the Registrar, the Initial Purchaser, and the Holders shall at all times
conform and be subject to the requirements, limitations, procedures and provisions of Title 6,
Texas Property Code, as now and hereafter amended, and in case of any conflict or inconsistency
therewith now existing or hereafter created, the provisions of such laws shall prevail and control,
and the provisions of this Order and the Bonds shall be deemed to be supplemented or amended to
conform thereto.
SECTION 12.10: BENEFITS OF ORDER. Nothing in this Order or in the Bonds,
expressed or implied, shall give or be construed to give any Person, other than the District; the
Paying Agent; the Registrar; if applicable, the municipal bond insurance company; and the
Holders, any legal or equitable right or claim under or in respect of this Order, or under any
covenant, condition or provision herein contained, and all the covenants, conditions and provisions
contained in this Order or in the Bonds shall be for the sole benefit of the District, the Paying
Agent; the Registrar; if applicable, the municipal bond insurance company; and the Holders.
SECTION 12.11: SEVERABILITY CLAUSE. If any word, phrase, clause, sentence,
paragraph, section or other part of this Order, or the application thereof to any Person or
circumstance, shall ever be held to be invalid or unconstitutional by any court of competent
jurisdiction, the remainder of this Order and the application of such word, phrase, clause, sentence,
paragraph, section or other part of this Order to any other Persons or circumstances shall not be
affected thereby.
SECTION 12.12: ACCOUNTING. The District will keep proper records and
accounts regarding the levy and collection of taxes, which records and accounts will be made
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available to any Holder on reasonable request. Each year while any of the Bonds are outstanding,
the District shall have an audit of its books and accounts performed by a certified public accountant
or firm of certified public accountants, based on its Fiscal Year, and copies of such audits will be
made available to any Holder upon request and upon payment by such Holder of the reasonable
costs to the District of providing same.
SECTION 12.13: NOTICE. Except as otherwise expressly provided herein, any
notice, authorization, request or demand required or permitted to be given hereunder shall be in
writing and shall be deemed to have been duly given when deposited in the United States mail,
first class postage prepaid, and addressed to the Person to be notified and, with respect to notice to
any Holder shall be addressed to the latest address shown on the Register.
SECTION 12.14: FURTHER PROCEEDINGS. The President, Vice President,
Secretary and any Assistant Secretary of the Board of Directors and other appropriate officials of
the District are hereby authorized and directed to do any and all things necessary and/or convenient
to carry out the terms of this Order, including, without limitation, the execution of this Order and
other documentation required in connection herewith and with the issuance of the Bonds. Further,
the District's Bond Counsel and financial advisor shall be authorized to prepare written instructions
to the Paying Agent, on behalf of the District, for the disbursement and/or deposit of Net Proceeds
to pay expenses incident to the issuance of the Bonds.
SECTION 12.15: AMENDMENT OF ORDER. The District may, without the consent
of or notice to any Holder of the Bonds, amend, change or modify this Order as may be required
(a) by the provisions hereof (including, without limitation, Article Eleven hereof); (b) for the
purpose of curing any ambiguity, inconsistency, or formal defect or omission herein; or (c) in
connection with any other change which is not to the prejudice of the Holders of the Bonds. Except
for such amendments, changes or modifications, the District shall not amend, change or modify
this Order in any manner without the consent of the Holders of all the Bonds then outstanding in
any manner, which would (a) extend the time or times of payment of the principal of and interest
on the Bonds, or reduce the principal amount thereof or the rate or interest thereon or in any way
modify the terms or sources of payment of the principal of or interest on the Bonds; (b) create any
lien ranking prior to the lien of the Bonds; (c) give preference of any Bond over any other Bonds;
or (d) extend any waiver of default to subsequent defaults.
(End of Article Twelve)
12-3
ARTICLE THIRTEEN
SALE OF BONDS
SECTION 13.01: SALE OF BONDS. Sale of the Bonds is hereby awarded to Hilltop
Securities Inc. (the "Initial Purchaser"), for the sum of $2,443,348.70, plus accrued interest on the
Bonds from the Initial Date to the date of delivery, subject to the issuance of an approving opinion
as to legality of the Initial Bonds of the Attorney General of Texas and of Bond Counsel for the
District. It is hereby found and declared that the bid of the Initial Purchaser produces the lowest
net effective interest rate to the District and is the best obtained for the Bonds pursuant to and after
taking sealed, competitive public bids therefor, as required by law, and that the net effective
interest rate resulting from said bid is 2.873524% which is less than the maximum of 4.44%
permitted by the District's Official Notice of Sale. It is hereby further found and declared that the
terms of the sale of the Bonds are in the District's best interests.
SECTION 13.02: NOTICE OF SALE. It is hereby affirmatively found and declared
that notice of the time and place of this sale and the details concerning the sale of the Bonds was
given by publishing an appropriate notice of sale:
(a) at least one (1) time not less than ten (10) days before the date of sale in a newspaper
of general circulation in the county in which the District is located; and
(b) at least one (1) time in a recognized financial publication of general circulation in
the State of Texas, as approved by the Attorney General of Texas.
(End of Article Thirteen)
13-1
ARTICLE FOURTEEN
OPEN MEETING AND EFFECTIVE DATE
SECTION 14.01: OPEN MEETING. The Board of Directors officially finds,
determines and declares that this Order was reviewed, considered and adopted at a meeting of the
Board of Directors beginning at 2:00 p.m., College Station, Texas time on March 11, 2021, via
telephone conference call pursuant to Texas Government Code, Section 551.125, as amended, and
as modified by the temporary suspension of various provisions thereof effective March 16, 2020,
by the Governor of Texas in accordance with the Texas Disaster Act of 1975, all as related to the
Governor's proclamation on March 13, 2020, certifying that the COVID-19 pandemic poses an
imminent threat of disaster and declaring a state of disaster for all counties in Texas; and that
sufficient written notice of the time and purpose of the meeting, including instructions regarding
access and participation in the meeting via telephone conference call and notice that this Order
would be introduced and considered for adoption at the meeting was provided as required by
Chapter 551, Texas Government Code, as amended, and Section 49.063 of the Texas Water Code,
as amended, and as modified by the temporary suspension of various provisions thereof by the
foregoing proclamation issued by the Governor of the State of Texas; and that this meeting has
been open to the public, as required by law, at all times during which this Order and the subject
matter hereof has been discussed, considered and acted upon. The Board of Directors further
ratifies, approves and confirms such written notice and the contents and posting thereof.
SECTION 14.02: EFFECTIVE DATE OF ORDER. This Order shall take effect and
be in full force and effect upon and after its passage.
PASSED AND ADOPTED the l lth day of March, 2021.
President, Board of Directors
Rock Prairie Management District No. 2
ATTEST:
S ary, Board of Directors
Rock Prairie Management District No. 2
(End of Article Fourteen)
14-1
ARTICLE THIRTEEN
SALE OF BONDS
SECTION 13.01: SALE OF BONDS. Sale of the Bonds is hereby awarded to Hilltop
Securities Inc. (the "Initial Purchaser"), for the sum of $2,443,348.70, plus accrued interest on the
Bonds from the Initial Date to the date of delivery, subject to the issuance of an approving opinion
as to legality of the Initial Bonds of the Attorney General of Texas and of Bond Counsel for the
District. It is hereby found and declared that the bid of the Initial Purchaser produces the lowest
net effective interest rate to the District and is the best obtained for the Bonds pursuant to and after
taking sealed, competitive public bids therefor, as required by law, and that the net effective
interest rate resulting from said bid is 2.873524% which is less than the maximum of 4.44%
permitted by the District's Official Notice of Sale. It is hereby further found and declared that the
terms of the sale of the Bonds are in the District's best interests.
SECTION 13.02: NOTICE OF SALE. It is hereby affirmatively found and declared
that notice of the time and place of this sale and the details concerning the sale of the Bonds was
given by publishing an appropriate notice of sale:
(a) at least one (1) time not less than ten (10) days before the date of sale in a newspaper
of general circulation in the county in which the District is located; and
(b) at least one (1) time in a recognized financial publication of general circulation in
the State of Texas, as approved by the Attorney General of Texas.
(End of Article Thirteen)
13-1
ARTICLE FOURTEEN
OPEN MEETING AND EFFECTIVE DATE
SECTION 14.01: OPEN MEETING. The Board of Directors officially finds,
determines and declares that this Order was reviewed, considered and adopted at a meeting of the
Board of Directors beginning at 2:00 p.m., College Station, Texas time on March 11, 2021, via
telephone conference call pursuant to Texas Government Code, Section 551.125, as amended, and
as modified by the temporary suspension of various provisions thereof effective March 16, 2020,
by the Governor of Texas in accordance with the Texas Disaster Act of 1975, all as related to the
Governor's proclamation on March 13, 2020, certifying that the COVID-19 pandemic poses an
imminent threat of disaster and declaring a state of disaster for all counties in Texas; and that
sufficient written notice of the time and purpose of the meeting, including instructions regarding
access and participation in the meeting via telephone conference call and notice that this Order
would be introduced and considered for adoption at the meeting was provided as required by
Chapter 551, Texas Government Code, as amended, and Section 49.063 of the Texas Water Code,
as amended, and as modified by the temporary suspension of various provisions thereof by the
foregoing proclamation issued by the Governor of the State of Texas; and that this meeting has
been open to the public, as required by law, at all times during which this Order and the subject
matter hereof has been discussed, considered and acted upon. The Board of Directors further
ratifies, approves and confirms such written notice and the contents and posting thereof
SECTION 14.02: EFFECTIVE DATE OF ORDER. This Order shall take effect and
be in full force and effect upon and after its passage.
PASSED AND ADOPTED the l lth day of March, 2021.
ATTEST:
/s/ Jonathan Stark
Secretary, Board of Directors
Rock Prairie Management District No. 2
(SEAL)
571728v4
/s/ Uri Geva
President, Board of Directors
Rock Prairie Management District No. 2
(End of Article Fourteen)
14-1
EXHIBIT "A"
(FORM OF INITIAL BOND)
REGISTERED REGISTERED
NUMBER AMOUNT
IR- UNITED STATES OF AMERICA $
STATE OF TEXAS
COUNTY OF BRAZOS
ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2
UNLIMITED TAX ROAD BOND
SERIES 2021
Interest Rate: Maturity Date: Initial Date:
% September 1, April 1, 2021
CUSIP NO.:
ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2, a conservation and reclamation
district, a body politic and corporate and a governmental agency and political subdivision created
under the Constitution and laws of the State of Texas, situated in Brazos County, Texas (the
"District"), FOR VALUE RECEIVED hereby acknowledges itself indebted to and PROMISES
TO PAY TO
CEDE & CO.
or registered assigns, on the due date specified above, the principal sum of
DOLLARS
(or so much thereof as shall not have been paid or deemed to have been paid upon prior
redemption), and to pay interest thereon from the later of the initial date specified above or the
most recent Interest Payment Date (hereinafter defined) to which interest has been paid or duly
provided for, at the per annum rate of interest specified above, computed on the basis of a 360-day
year of twelve 30-day months. Interest hereon is payable semiannually on September 1 and
March 1 (individually, an "Interest Payment Date") of each year, commencing on September 1,
2021, until the maturity or redemption date of this Bond, as provided in the order of the Board of
Directors of the District duly adopted on March 11, 2021 (the "Bond Order"), authorizing the
issuance of this Bond, to the person in whose name this Bond is registered at the close of business
on the 15th day (whether or not a business day) of the calendar month next preceding such Interest
Payment Date (the "Record Date"). Principal of this Bond due at maturity or upon prior
redemption is payable in any coin or currency of the United States of America which, on the date
A-1
of payment, is legal tender for the payment of debts due the United States of America, upon
presentation and surrender of this Bond at the designated office of the agency selected by the
District for such purpose (the "Paying Agent"). Except at maturity, interest on, or mandatory
redemption payments, if any, in respect of, this Bond are payable by mailing of a check of the
Paying Agent for such interest payable to, or upon written order of, the registered owner hereof at
the address shown on the registry books maintained on behalf of the District by a trust or banking
corporation or association selected by the District for such purpose (the "Registrar"), or by such
other customary banking arrangements as may be acceptable to the Paying Agent and the registered
owner hereof, at the risk and expense of the registered owner hereof. The initial Registrar and
Paying Agent shall be The Bank of New York Mellon Trust Company, N.A., having its principal
corporate trust office and its principal payment office in Dallas, Texas.
THIS BOND IS ONE OF AN AUTHORIZED ISSUE OF BONDS, aggregating Two
Million Five Hundred Thousand and No/100 Dollars ($2,500,000.00) (the "Bonds"), issued for the
purpose or purposes of purchasing, constructing, acquiring, owning, operating, repairing,
improving, or extending road facilities or facilities in aid thereof, including, but not limited to, all
additions thereto and all land, improvements, facilities, equipment, appliances, interests in
property and contract rights needed therefor, and administrative facilities needed in connection
therewith, by authority of an election held within and for the District on November 3, 2015, and
pursuant to the Bond Order and under and in strict conformity with the Constitution and laws of
the State of Texas.
THE TRANSFER OF THIS BOND may be accomplished by due execution of the
provisions for assignment hereon and is registerable at the designated office of the Registrar by
the registered owner hereof, or by his or her duly authorized representative, but only in the manner
and subject to the limitations provided in the Bond Order, and only upon surrender of this Bond.
Upon any such registration of transfer, one or more exchange Bonds, in authorized denominations,
for a like interest rate and aggregate principal amount, shall be authenticated by the Registrar and
registered and delivered or sent by United States mail, first class, postage prepaid, to the transferee
in exchange therefor. This Bond, with or without others of like form and series, may in like manner
be exchanged for one or more registered bonds of other authorized denominations at the same
interest rate and in the same aggregate principal amount. No service charge shall be made for any
such transfer or exchange, but the District and/or the Registrar may impose a charge sufficient to
defray any tax or governmental charge in connection therewith.
THE BONDS ISSUED AS TERM BONDS and scheduled to mature on September 1, 2040,
2045 and 2050, are subject to mandatory redemption, prior to said scheduled Maturity Dates, and
shall be redeemed, by lot or by other customary method, on September 1 in each of the years and
in the principal amounts set forth in the following table (subject to reductions of such principal
amounts attributable to prior optional redemptions of such Term Bonds by the District, as provided
in the Bond Order), plus accrued interest on said principal amounts:
A-2
Year of Principal
Redemption Amount
2036 $ 75,000
2037 $ 80,000
2038 $ 80,000
2039 $ 85,000
2040 (Maturity) $ 90,000
2041 $ 90,000
2042 $ 95,000
2043 $100,000
2044 $100,000
2045 (Maturity) $105,000
2046 $110,000
2047 $115,000
2048 $120,000
2049 $125,000
2050 (Maturity) $130,000
THE DISTRICT RESERVES THE RIGHT, AT ITS OPTION, TO REDEEM the Bonds
of this issue maturing on or after September 1, 2028, in whole or, from time to time, in part, prior
to their scheduled maturities, on September 1, 2027, or on any date thereafter, at a price equal to
the principal amount thereof to be redeemed, plus accrued interest on said principal amount to be
redeemed to the date fixed for redemption. In the event that a Serial Bond subject to redemption
is in a denomination larger than $5,000, a portion of such Serial Bond may be redeemed, but only
in a principal amount equal to $5,000, or an integral multiple thereof, and only upon the delivery
of one or more exchange Serial Bonds of the same interest rate and in aggregate principal amount
equal to the unredeemed portion of the Serial Bond so redeemed in part. If less than all of the
outstanding principal amount of a Term Bond is to be redeemed, the District may determine and
notify the Paying Agent of the reduction in the remaining mandatory redemption amount(s) of
such Term Bond as result from such optional redemption.
NOTICE OF REDEMPTION will be given by mailing same to the registered owners of
the Bonds to be redeemed, in whole or in part, at least thirty (30) days prior to the date fixed for
redemption. By the date fixed for redemption, due provision will have been made with the Paying
Agent for payment of the principal amount of the Bonds so called for redemption, plus accrued
interest thereon to the date fixed for redemption. When Bonds have been called for redemption,
in whole or in part, and due provision has been made to redeem same, such Bonds, or the portions
thereof so called for redemption, shall no longer be regarded as outstanding, except for the purpose
of receiving payment from the funds provided for redemption, and the rights of the owners to
collect interest which would otherwise accrue after the redemption date on the principal of the
Bonds, or the portions thereof so called for redemption, will be terminated.
NEITHER THE DISTRICT NOR THE REGISTRAR SHALL BE REQUIRED to transfer
or exchange any Bond on any date subsequent to a Record Date and prior to the next succeeding
Interest Payment Date, or during any period beginning fifteen (15) calendar days prior to, and
A-3
ending on the date of, the mailing of any notice of redemption prior to maturity; nor shall the
District or the Registrar be required to transfer or exchange any Bond so selected for redemption,
in whole or in part, when such redemption is scheduled to occur within thirty (30) calendar days
thereafter.
PRIOR TO DUE PRESENTATION OF THIS BOND FOR REGISTRATION OF
TRANSFER, the District, the Paying Agent and the Registrar may deem and treat the registered
owner hereof as the absolute owner of this Bond (whether or not this Bond shall be overdue and
notwithstanding any notation of ownership or other writing hereon) for the purpose of receiving
payment hereof, or on account hereof, and interest due hereon, and for all other purposes, and
neither the District, the Paying Agent nor the Registrar shall be bound or affected by any notice to
the contrary.
THE DISTRICT HAS DESIGNATED THE BONDS AS "qualified tax-exempt
obligations" pursuant to the provisions of Section 265(b) of the Internal Revenue Code of 1986 in
effect on the date of the issuance of the Bonds.
THIS BOND, AND THE OTHER BONDS OF THE SERIES OF WHICH IT IS A PART,
are payable from the proceeds of an ad valorem tax levied without legal limitation as to rate or
amount upon all taxable property within the District. Reference is hereby made to the Bond Order
for a complete description of: the terms, covenants and provisions pursuant to which this Bond
and said series of Bonds are secured and made payable; the respective rights thereunder of the
registered owners of the Bonds and of the District, the Paying Agent and the Registrar; the terms
upon which the Bonds are, and are to be, registered and delivered; and any capitalized terms not
otherwise defined herein. By acceptance of this Bond, the owner hereof expressly assents to all of
the provisions of the Bond Order.
IT IS HEREBY CERTIFIED, RECITED AND REPRESENTED that the issuance of this
Bond, and the series of Bonds of which it is a part, is duly authorized by law; that all acts,
conditions, and things required to exist and to be done precedent to and in the issuance of this
Bond and said series of Bonds to render the same lawful and valid have been properly done and
performed and have happened in regular and due time, form and manner, as required by law; that
due provision has been made for the payment of the interest on and the principal of this Bond and
the series of Bonds of which it is a part by the levy of a direct, annual ad valorem tax upon all
taxable property within the District sufficient for said purposes; and that the issuance of this Bond
and said series of Bonds does not exceed any constitutional or statutory limitation.
UNLESS AND UNTIL A CERTIFICATE OF REGISTRATION of the Comptroller of
Public Accounts of the State of Texas has been manually executed hereon by such Comptroller (or
a duly authorized deputy), as provided in the Bond Order, this Bond shall not be entitled to the
benefit and security of the Bond Order nor be valid or obligatory for any purpose.
A-4
IN WITNESS WHEREOF, ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2 has
caused this Bond to be executed by the manual or facsimile signatures of the President and
Secretary of its Board of Directors and its official seal to be impressed or placed in facsimile
hereon.
ATTEST:
By:
Secretary, Board of Directors
(SEAL)
ROCK PRAIRIE MANAGEMENT
DISTRICT NO. 2
By:
President, Board of Directors
A-5
OFFICE OF THE COMPTROLLER
REGISTER NO.
THE STATE OF TEXAS
I HEREBY CERTIFY that there is on file and of record in my office a certificate of the
Attorney General of the State of Texas to the effect that this Bond has been examined by said
Attorney General as required by law, that said Attorney General finds that it has been issued in
conformity with the Constitution and laws of the State of Texas, and it is a valid and binding
obligation of Rock Prairie Management District No. 2 and said Bond has this day been registered
by me.
WITNESS MY HAND AND SEAL OF OFFICE at Austin, Texas,
Comptroller of Public Accounts
of the State of Texas
A-6
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto (print or
typewrite name, address and zip code of transferee):
(Social Security or other identifying number):
the within Bond and does hereby irrevocably constitute and appoint
as attorney to transfer said Bond on the books kept for
registration thereof, with full power of substitution in the premises.
Dated:
The signature of the Registered Owner
appearing on this Assignment is hereby
verified as true and genuine and is guaranteed
by:
(Bank, Trust Company, or
Brokerage Firm)
By:
(Authorized Representative)
Registered Owner
NOTICE: The signature on this
Assignment must correspond in every
particular with the name of the Registered
Owner as it appears on the face of the
within Bond.
A-7
EXHIBIT "B"
(FORM OF EXCHANGE BOND)
REGISTERED REGISTERED
NUMBER AMOUNT
R- UNITED STATES OF AMERICA $
STATE OF TEXAS
COUNTY OF BRAZOS
ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2
UNLIMITED TAX ROAD BOND
SERIES 2021
Interest Rate: Maturity Date: Initial Date:
% September 1, April 1, 2021
CUSIP NO.:
ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2, a conservation and reclamation
district, a body politic and corporate and a governmental agency and political subdivision created
under the Constitution and laws of the State of Texas, situated in Brazos County, Texas (the
"District"), FOR VALUE RECEIVED hereby acknowledges itself indebted to and PROMISES
TO PAY TO
CEDE & CO.
or registered assigns, on the due date specified above, the principal sum of
DOLLARS
(or so much thereof as shall not have been paid or deemed to have been paid upon prior
redemption), and to pay interest thereon from the later of the initial date specified above or the
most recent Interest Payment Date (hereinafter defined) to which interest has been paid or duly
provided for, at the per annum rate of interest specified above, computed on the basis of a 360-day
year of twelve 30-day months. Interest hereon is payable semiannually on September 1 and
March 1 (individually, an "Interest Payment Date") of each year, commencing on September 1,
2021, until the maturity or redemption date of this Bond, as provided in the order of the Board of
Directors of the District duly adopted on March 11, 2021 (the "Bond Order"), authorizing the
issuance of this Bond, to the person in whose name this Bond is registered at the close of business
on the 15th day (whether or not a business day) of the calendar month next preceding such Interest
Payment Date (the "Record Date"). Principal of this Bond due at maturity or upon prior
redemption is payable in any coin or currency of the United States of America which, on the date
B-1
of payment, is legal tender for the payment of debts due the United States of America, upon
presentation and surrender of this Bond at the designated office of the agency selected by the
District for such purpose (the "Paying Agent"). Except at maturity, interest on, or mandatory
redemption payments, if any, in respect of, this Bond are payable by mailing of a check of the
Paying Agent for such interest payable to, or upon written order of, the registered owner hereof at
the address shown on the registry books maintained on behalf of the District by a trust or banking
corporation or association selected by the District for such purpose (the "Registrar"), or by such
other customary banking arrangements as may be acceptable to the Paying Agent and the registered
owner hereof, at the risk and expense of the registered owner hereof. The initial Registrar and
Paying Agent shall be The Bank of New York Mellon Trust Company, N.A., having its principal
corporate trust office and its principal payment office in Dallas, Texas.
THIS BOND IS ONE OF AN AUTHORIZED ISSUE OF BONDS, aggregating Two
Million Five Hundred Thousand and No/100 Dollars ($2,500,000.00) (the "Bonds"), issued for the
purpose or purposes of purchasing, constructing, acquiring, owning, operating, repairing,
improving, or extending road facilities or facilities in aid thereof, including, but not limited to, all
additions thereto and all land, improvements, facilities, equipment, appliances, interests in
property and contract rights needed therefor, and administrative facilities needed in connection
therewith, by authority of an election held within and for the District on November 3, 2015, and
pursuant to the Bond Order and under and in strict conformity with the Constitution and laws of
the State of Texas.
THE TRANSFER OF THIS BOND may be accomplished by due execution of the
provisions for assignment hereon and is registerable at the designated office of the Registrar by
the registered owner hereof, or by his or her duly authorized representative, but only in the manner
and subject to the limitations provided in the Bond Order, and only upon surrender of this Bond.
Upon any such registration of transfer, one or more exchange Bonds, in authorized denominations,
for a like interest rate and aggregate principal amount, shall be authenticated by the Registrar and
registered and delivered or sent by United States mail, first class, postage prepaid, to the transferee
in exchange therefor. This Bond, with or without others of like form and series, may in like manner
be exchanged for one or more registered bonds of other authorized denominations at the same
interest rate and in the same aggregate principal amount. No service charge shall be made for any
such transfer or exchange, but the District and/or the Registrar may impose a charge sufficient to
defray any tax or governmental charge in connection therewith.
THE BONDS ISSUED AS TERM BONDS and scheduled to mature on September 1, 2040,
2045 and 2050, are subject to mandatory redemption, prior to said scheduled Maturity Dates, and
shall be redeemed, by lot or by other customary method, on September 1 in each of the years and
in the principal amounts set forth in the following table (subject to reductions of such principal
amounts attributable to prior optional redemptions of such Term Bonds by the District, as provided
in the Bond Order), plus accrued interest on said principal amounts:
B-2
Year of Principal
Redemption Amount
2036 $ 75,000
2037 $ 80,000
2038 $ 80,000
2039 $ 85,000
2040 (Maturity) $ 90,000
2041 $ 90,000
2042 $ 95,000
2043 $100,000
2044 $100,000
2045 (Maturity) $105,000
2046 $110,000
2047 $115,000
2048 $120,000
2049 $125,000
2050 (Maturity) $130,000
THE DISTRICT RESERVES THE RIGHT, AT ITS OPTION, TO REDEEM the Bonds
of this issue maturing on or after September 1, 2028, in whole or, from time to time, in part, prior
to their scheduled maturities, on September 1, 2027, or on any date thereafter, at a price equal to
the principal amount thereof to be redeemed, plus accrued interest on said principal amount to be
redeemed to the date fixed for redemption. In the event that a Serial Bond subject to redemption
is in a denomination larger than $5,000, a portion of such Serial Bond may be redeemed, but only
in a principal amount equal to $5,000, or an integral multiple thereof, and only upon the delivery
of one or more exchange Serial Bonds of the same interest rate and in aggregate principal amount
equal to the unredeemed portion of the Serial Bond so redeemed in part. If less than all of the
outstanding principal amount of a Term Bond is to be redeemed, the District may determine and
notify the Paying Agent of the reduction in the remaining mandatory redemption amount(s) of
such Term Bond as result from such optional redemption.
NOTICE OF REDEMPTION will be given by mailing same to the registered owners of
the Bonds to be redeemed, in whole or in part, at least thirty (30) days prior to the date fixed for
redemption. By the date fixed for redemption, due provision will have been made with the Paying
Agent for payment of the principal amount of the Bonds so called for redemption, plus accrued
interest thereon to the date fixed for redemption. When Bonds have been called for redemption,
in whole or in part, and due provision has been made to redeem same, such Bonds, or the portions
thereof so called for redemption, shall no longer be regarded as outstanding, except for the purpose
of receiving payment from the funds provided for redemption, and the rights of the owners to
collect interest which would otherwise accrue after the redemption date on the principal of the
Bonds, or the portions thereof so called for redemption, will be terminated.
NEITHER THE DISTRICT NOR THE REGISTRAR SHALL BE REQUIRED to transfer
or exchange any Bond on any date subsequent to a Record Date and prior to the next succeeding
B-3
Interest Payment Date, or during any period beginning fifteen (15) calendar days prior to, and
ending on the date of, the mailing of any notice of redemption prior to maturity; nor shall the
District or the Registrar be required to transfer or exchange any Bond so selected for redemption,
in whole or in part, when such redemption is scheduled to occur within thirty (30) calendar days
thereafter.
PRIOR TO DUE PRESENTATION OF THIS BOND FOR REGISTRATION OF
TRANSFER, the District, the Paying Agent and the Registrar may deem and treat the registered
owner hereof as the absolute owner of this Bond (whether or not this Bond shall be overdue and
notwithstanding any notation of ownership or other writing hereon) for the purpose of receiving
payment hereof, or on account hereof, and interest due hereon, and for all other purposes, and
neither the District, the Paying Agent nor the Registrar shall be bound or affected by any notice to
the contrary.
THE DISTRICT HAS DESIGNATED THE BONDS AS "qualified tax-exempt
obligations" pursuant to the provisions of Section 265(b) of the Internal Revenue Code of 1986 in
effect on the date of the issuance of the Bonds.
THIS BOND, AND THE OTHER BONDS OF THE SERIES OF WHICH IT IS A PART,
are payable from the proceeds of an ad valorem tax levied without legal limitation as to rate or
amount upon all taxable property within the District. Reference is hereby made to the Bond Order
for a complete description of: the terms, covenants and provisions pursuant to which this Bond
and said series of Bonds are secured and made payable; the respective rights thereunder of the
registered owners of the Bonds and of the District, the Paying Agent and the Registrar; the terms
upon which the Bonds are, and are to be, registered and delivered; and any capitalized terms not
otherwise defined herein. By acceptance of this Bond, the owner hereof expressly assents to all of
the provisions of the Bond Order.
IT IS HEREBY CERTIFIED, RECITED AND REPRESENTED that the issuance of this
Bond, and the series of Bonds of which it is a part, is duly authorized by law; that all acts,
conditions, and things required to exist and to be done precedent to and in the issuance of this
Bond and said series of Bonds to render the same lawful and valid have been properly done and
performed and have happened in regular and due time, form and manner, as required by law; that
due provision has been made for the payment of the interest on and the principal of this Bond and
the series of Bonds of which it is a part by the levy of a direct, annual ad valorem tax upon all
taxable property within the District sufficient for said purposes; and that the issuance of this Bond
and said series of Bonds does not exceed any constitutional or statutory limitation.
UNLESS AND UNTIL A CERTIFICATE OF REGISTRATION of the Registrar has been
manually executed by an authorized representative of the Registrar, as provided in the Bond Order,
this Bond shall not be entitled to the benefit and security of the Bond Order nor be valid or
obligatory for any purpose.
IN WITNESS WHEREOF, ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2 has
caused this Bond to be executed by the manual or facsimile signatures of the President and
B-4
Secretary of its Board of Directors and its official seal to be impressed or placed in facsimile
hereon.
ATTEST:
By:
Secretary, Board of Directors
(SEAL)
ROCK PRAIRIE MANAGEMENT
DISTRICT NO. 2
By:
President, Board of Directors
B-5
CERTIFICATE OF REGISTRAR
This is to certify that this Bond is one of the Bonds issued under the provisions of the
within -mentioned Bond Order, and it is hereby further certified that this Bond has been authorized
and delivered in conversion and exchange for, or in replacement of, a Bond, Bonds or portions
thereof (or one or more prior conversion, exchange or replacement Bonds) originally issued by
Rock Prairie Management District No. 2, approved by the Attorney General of Texas, and initially
registered by the Comptroller of Public Accounts of the State of Texas.
Registrar
Dated: By:
Authorized Signatory
B-6
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto (print or
typewrite name, address and zip code of transferee):
(Social Security or other identifying number): the within Bond and does hereby
irrevocably constitute and appoint as attorney to
transfer said Bond on the books kept for registration thereof, with full power of substitution in the
premises.
Dated:
The signature of the Registered Owner
appearing on this Assignment is hereby
verified as true and genuine and is guaranteed
by:
(Bank, Trust Company, or
Brokerage Firm)
By:
(Authorized Representative)
Registered Owner
NOTICE: The signature on this Assignment
must correspond in every particular with the
name of the Registered Owner as it appears
on the face of the within Bond.
[The legal opinion of Bond Counsel shall also be attached to the Exchange Bonds.]
B-7
EXHIBIT "C"
CONTINUING DISCLOSURE
The information to be updated includes all quantitative financial information and operating
data with respect to the District of the general type included in the Official Statement under the
sections entitled: "DEBT SERVICE REQUIREMENTS," "RISK FACTORS -Future Debt,"
"THE DISTRICT," "THE ROAD SYSTEM," "USE AND DISTRIBUTION OF PROCEEDS,"
"TAX DATA" and in "APPENDIX A" and with respect to the Significant Developer in
"APPENDIX B".
Any financial statements of the District will be prepared in accordance with generally
accepted accounting principles for local government units as prescribed by the Governmental
Accounting Standards Board or such other accounting principles as the District may be required
to employ from time to time pursuant to State law or regulation.
Any financial statements of any Significant Developer, as and if required, will be prepared
substantially in accordance with the accounting principles reflected in the Official Statement under
the Section entitled "Appendix B".
EXHIBIT "C"
r
I
MUNICIPAL ACCOUNTS
& CONSULTING, L.P.
Rock Prairie Management
District No. 2
Bookkeeper's Report
March 11, 2021
1281 Brittmoore Road A Houston, Texas 77043 A Phone: 713.623.4539 A Fax: 713.629.6859
Cash Flow Report - Checking Account
As of March 11, 2021
Num
LANCE AS OF 02/12/2021
ceipts
Interest Earned on Checking
Maintenance Tax Collections
tal Receipts
Name
sbursements
10 B&A Municipal Tax Service
11 EHRA Engineering
12 McDonald & Wessendorff Insurance
13 Municipal Accounts & Consulting, LP
14 Schwartz, Page & Harding, L.L.P.
BBVA USA
tal Disbursements
LANCE AS OF 03/11/2021
Memo
SB2 Compliance
Engineering Fees - 2 Months
Annual Insurance Premium
Bookkeeping Fees
Legal Fees
Service Charge
Amount
2.42
80,000.00
(250.00)
(3,842.50)
(3,536.00)
(1,926.23)
(5,248.55)
(2.42)
Balance
($4,027.
80,002
(14,805.
$61,169.
BBVA USA-PREMIER-#)XXX0276
2
Financial Institution
(Acct Number)
nd: Operating
iecking Account(s)
AVA USA -PREMIER (XXXX0276)
Account Balances
As of March 11, 2021
Issue Maturity . Interest
Date Date Rate
0.10 %
Totals for Operating Fund:
Grand total for Rock Prairie Management District No. 2:
Account
Balance
61,169.54 Checking Account
$61,169.54
$61,169.54
Notes
Actual vs. Budget Comparison
February 2021
venues
4100
4350
4380
Developer Advance
Maintenance Tax Collections
Interest Earned on Checking
tal Revenues
penditures
6330 Legal Fees
6340 Auditing Fees
6350 Engineering Fees
6430 Bookkeeping Fees
6450 Legal Notices & Other Publ.
6455 SB 2 Expenses
6460 Printing & Office Supplies
6470 Filing Fees
6480 Delivery Expense
6520 Postage
6530 Insurance & Surety Bond
6540 Travel Expense
6560 Miscellaneous Expense
tal Expenditures
February 2021 June 2020 - February 2021 Annua
Actual Budget Over/(Under) Actual Budget Over/(Under) Budge
0 0 0 50,033 50,033 0 50,(
0 0 0 30,000 30,000 0 60,(
2 3 0 32 23 9
2 3 0 80,065 80,056 9 110,(
5,106 5.000 106 39,564 45,000 (5,436) 60.(
0 0 0 10,800 0 10,800
1,753 2,500 (748) 16,780 22,500 (5,720) 30,(
1,800 550 1,250 8,869 4,950 3,919 6,(
0 0 0 0 0 0 2,(
250 250 0 2,750 2,250 500 3,(
127 83 44 585 750 (165) 1,(
1 75 (74) 392 675 (283) (
106 42 65 730 375 355 ;
24 4 20 38 37 1
0 0 0 0 0 0 3,,
0 108 (108) 0 975 (975) 1,:
12 83 (71) 186 750 (564) 1,(
9,180 8,696 484 80,695 78,263 2,432 110,(
cess Revenues (Expenditures) ($9,177) ($8,693) ($484) ($630) $1,793 ($2,423)
4
Balance Sheet
As of February 28, 2021
Feb 28, 21
ASSETS
Current Assets
Checking/Savings
11100 L Cash in Bank (4,027)
11105 L Cash in Bank - Tax Account 38,946
Total Checking/Savings 34,919
Other Current Assets
11740 L Due From Construction 9,294
Total Other Current Assets 9,294
Total Current Assets 44,213
TOTAL ASSETS 44,213
LIABILITIES & EQUITY
Liabilities
Current Liabilities
Accounts Payable
12000 L Accounts Payable 11,017
Total Accounts Payable 11,017
Total Current Liabilities 11,017
Total Liabilities 11,017
Equity
13010 L Unallocated Fund Balance 33,826
Net Income (630)
Total Equity 33,195
TOTAL LIABILITIES & EQUITY 44,213
5
EXHIBIT "D"
MUNICIPAL ACCOUNTS
CONSULTING, L.P.
SECOND AMENDED AND RESTATED AGREEMENT FOR BOOKKEEPING SERVICES
THIS SECOND AMENDED AND RESTATED AGREEMENT FOR BOOKKEEPING
SERVICES (this "Agreement") is made as of the 11`h day of March, 2021, by and between ROCK
PRAIRIE MANAGEMENT DISTRICT NO. 2, OF BRAZOS COUNTY, TEXAS, a body politic
and corporate and a governmental agency of the State of Texas, operating under the provisions of
Chapter 49 and Chapter 54, Texas Water Code, as amended, and Article XVI, Section 59 of the
Constitution of the State of Texas (the "District"), and MUNICIPAL ACCOUNTS &
CONSULTING, L.P., a Texas limited partnership (the "Bookkeeper"), in consideration of the mutual
covenants and agreements herein contained.
ARTICLE I
Bookkeeper shall render the following services to the District:
1. Establish and maintain, if applicable, checking accounts, journals and ledgers
pertaining to the District's Debt Service Fund, Capital Projects Fund, General
Operating Fund, and General Long Term Debt Fund all in accordance with generally
accepted accounting procedures, the laws of the State of Texas, policies and
regulations adopted by the Board of Directors of the District (the "Board"), and the
requirements of the Texas Commission on Environmental Quality, and in such a
manner that excessive auditing procedures or adjustments by the auditors are not
required.
2. Reconcile all accounts at least every thirty (30) days, and promptly report any
discrepancies to the appropriate depository institution and the Board at its next
meeting.
3. Maintain a summary general ledger for the Tax Fund from reports supplied by the
District's Tax Assessor -Collector.
4. Prepare and present for Board approval all checks, with invoices attached, drawn on
the District's Debt Service Fund, Capital Projects Fund, and General Operating Fund.
5. Prepare IRS Forms W-2, W-3 and 941, and otherwise comply with the provisions of
the Internal Revenue Code, as amended from time to time, with respect to the payment
of fees of office for each member of the Board.
6. At each meeting of the Board (but not more often than monthly), prepare and present
a cash flow report and account balance report indicating all activity within each of the
above funds and the current distribution and investment of moneys within each fund
and prepare and present an actual versus budget comparison statement and Balance
Sheet in the General Operating Fund.
7. Complete postings and close all journals and ledgers within forty-five (45) days after
the end of District's fiscal year.
S. Attend the Board meeting for one (1) hour.
9. Be accessible to the District's auditor to efficiently perform the annual audit, including
use of Bookkeeper's office facilities during the field audit.
All such services shall be rendered in a professional, competent and timely manner and in
accordance with the provisions of the District's order establishing policies for investment of District
funds, as same may be amended from time to time (the "Investment Policy').
ARTICLE II
As consideration for the services rendered by the Bookkeeper to the District as set forth in
Article I above, the District shall pay the Bookkeeper a monthly fee of $1,500.00.
If the District so elects in accordance with Texas Water Code Section 49.1571, Mark M.
Burton and Ghia Lewis, or such other employee(s) of Bookkeeper as the District and Bookkeeper
may agree to in writing, shall jointly serve as the District's Investment Officer and as such, shall comply
with all terms and provisions of the Investment Policy and all applicable laws, including but not limited
to, the Public Funds Investment Act, Texas Local Government Code, Chapter 2256, as may be
amended from time to time. Should the District make such election, there will be an additional charge
of $50.00 per month for the above employee(s) of the Bookkeeper to serve as the District's Investment
Officer; provided, however, such charge shall not include the preparation of the quarterly report of
investment transactions described below.
All other services as may be requested by the Board from time to time or as required by the
Investment Policy will be paid at the hourly rate listed below for such services. Additional services
shall include, but are not limited to, preparation of an annual budget for the General Operating Fund,
attendance at a Board meeting for more than one (1) hour, travel time to attend Board meeting,
preparation of the quarterly report of investment transactions as required by the Investment Policy,
arranging for appropriate security of District funds as required by the Investment Policy, preparation
of Internal Revenue Service Forms 1099 and 1096, correcting vendor invoices/reports, and
preparation of audit schedules. Hourly rates will be billed as followed:
Administrative $100.00 per hour
Sr/Accounting Specialist $125.00 per hour
Consultant $150.00 per hour
Sr. Consultant and above $175.00 per hour
At each District bond funding, the Bookkeeper shall supply the District's Financial Advisor
with Debt Service Fund balances; verify bond funds to be deposited into the District's Debt Service
Fund, Capital Projects Fund, and General Operating Fund; establish schedules for anticipated
payment of future construction pay estimates; invest all surplus bond proceeds; wire and/or disburse
District funds in accordance with instructions from the Board; arrange for appropriate security of
District funds as required by law and the Investment Policy; prepare annual Debt Service Requirement
Schedules in connection with the levy of taxes; prepare outstanding debt service obligation schedules
and amendments to same if the District sells bonds as required by the Attorney and/or Financial
Advisor for the District in order to comply with the Texas Water Code, all of which services shall be
paid at the rate set forth below:
2
New Bond Issue $ 3,250.00
Bond Anticipation Note $ 2,250.00
Refunding Bond Issue $ 1,250.00
In addition to the fees set forth above, the District shall pay the Bookkeeper for all out-of-
pocket expenses reasonably and necessarily incurred by Bookkeeper in the performance of the services
described herein, including but not limited to, printing, reproduction of documents, fax, long distance
telephone calls, document storage and retention, travel expense, courier services, and postage. For
meetings beginning at, or continuing beyond 4:30 PM or later, the District shall pay the Bookkeeper
$100.00 in addition to any other compensation provided for in this Agreement.
ARTICLE III
The District shall instruct all contractors, vendors and service representatives of the District
to submit all bills and invoices to Bookkeeper at least five (5) days prior to any scheduled meetings of
the Board or deadline for the Bookkeeper's report as required by the Board. It is understood that any
bill or invoice submitted subsequent to said five (5) day period shall be paid if possible at said meeting,
but will not necessarily be reflected on the cash flow report. Bills, invoices and/or reports requested
to be prepared for any scheduled meeting after this cutoff date shall be billed at Bookkeeper's hourly
rate.
ARTICLE IV
All records and documents related to the services of the Bookkeeper to the District hereunder
shall be the District's property. The District and the Bookkeeper each acknowledge that the
requirements of Chapter 552, Texas Government Code, as amended (the "Public Information Act"),
and Chapters 201-205, Texas Local Government Code, as amended (the "Local Government Records
Act," and together with the Public Information Act, the "Acts"), each apply to all public information,
as defined by the Public Information Act, and all local government records, as defined by the Local
Government Records Act, related to the relationship between the District and the Bookkeeper, and
to any work carried out thereunder. The Bookkeeper covenants that it will comply with all
requirements of the Acts, the District's Record Management Program, and all applicable rules,
regulations, policies and retention schedules adopted thereunder. Upon termination of this
Agreement, said records and documents, other than in proprietary form, shall be promptly delivered
by the Bookkeeper to the District or the District's designee.
ARTICLE V
Bookkeeper shall provide and maintain in full force and effect at Bookkeeper's expense
insurance in the amount of $3,000,000 ensuring that bookkeeper will faithfully account for all monies,
which shall come into Bookkeeper's custody under terms of its service agreements. If the District
elects, the bookkeeper shall also provide the District with a public employees blanket bond, acceptable
to the District, in a minimum amount of $10,000 or, if greater, the minimum amount required by law.
The cost of such bond shall be borne by the District.
3
ARTICLE VI
The term of this Agreement shall be for a period of one (1) year from the date hereof and shall
continue thereafter for successive one-year periods until terminated by either party. This Agreement
may be terminated at any time by either party hereto by providing thirty (30) days advance written
notice to the other party. All work associated with transitioning to or from another party will be billed
at Bookkeeper's hourly rate.
This Agreement shall supersede all other prior agreements between the District and
Bookkeeper, including that certain Amended and Restated Agreement for Bookkeeping Services dated
April 11, 2019, as the same may have been amended from time to time.
ARTICLE VII
As required by Chapter 2271, Texas Government Code, Bookkeeper hereby verifies that
Bookkeeper, including a wholly owned subsidiary, majority -owned subsidiary, parent company or
affiliate of the same, does not boycott Israel and will not boycott Israel through the term of this
Agreement. The term "boycott Israel" in this paragraph has the meaning assigned to such term in
Section 808.001 of the Texas Government Code, as amended.
ARTICLE VIII
Pursuant to Chapter 2252, Texas Government Code, Bookkeeper represents and certifies that,
at the time of execution of this Agreement neither Bookkeeper, nor any wholly owned subsidiary,
majority -owned subsidiary, parent company or affiliate of the same, is a company listed by the Texas
Comptroller of Public Accounts under Sections 2270.0201 or 2252.153 of the Texas Government
Code.
IN WITNESS WHEREOF, the District and the Bookkeeper have executed this Agreement
in multiple counterparts, each of which shall be deemed to be an original, as of the date first set forth
above.
ROCK PRAIRIE MANAGEMENT DISTRICT
NO. 2, OF BRAZOS COUNTY, TEXAS
President, Board of Directors
MUNICIPAL ACCOUNTS &
CONSULTING, L.P.
By
Mark M. Burton, Managing Member
The Asher Group, LLC, General Partner
4
EXEIIBIT "E"
Hnrifu1y I=11--c:i!.1nr:y I Tran.spar.ncy 1 Ac untab1Iily I Conti7uity
MUNICIPAL TAX SERVICE,LLC
ROCK PRAIRIE MANAGEMENT DISTRICT 2
FOR THE MONTH ENDING
February 28, 2021
15bh' MUNICIPAL TAX SERV10E,LLC
13333 NOWI•IIWI( I•I•N1'JIWAY, S•LT.b2U
HOlTS ON.TX77040
MAIN 7 L 3-400-26E0
TOLL FREE 1-838-398-7i09
1
MUNICIPAL TAX SrRVICr,l 1C
ROCK PRAIRIE MANAGEMENT DISTRICT 2
FOR THE PERIOD ENDING 2f28?21
RECEIVABLES SUMMARY
2020 Balance Forward Levy at 05/31/20 FYE
CAD Changes J Uncollectible
Outstanding Balance forward Prior Years. (2019-2010) at 05/31/20 FYE
CAD Changes 1 LIncoIlectible
Total Levy to be collected
Collection prior months (all years)
21)20 Taxes Collected net NSF & KR Refunds during current month
Taxes Collected for Prior Years net NSF & KR Refunds
Total Outstanding Balance
$o_Do
$117,676.84
$0.00
$0.00
($97,490.67)
($459.42)
$0.00
117,676.84
0.00
117,676.84
(97,950.09)
19, 726.76
TAX ACCOUNT Beginning Balance — Tax Account 17,054.05
Income
Taxes Collected Current Year $459.42
Taxes Collected Prior Year $0.00
Penalties & Interest $23.76
Collection Fee Paid $0.00
Overpayments $0,00
NSF or Reversals, Bank Charges $0.00
Other Fees & Court Costs, Etc $0.00
Earned Interest $9.96
$493,14
Expenses
CK# 1083 Brazos CAD - 2nd Qtr 2021 Assessment (Reporting Only)
CK# 1100 B&A Municipal Tax Service, LLC - Invoice MD2-104
CK# 1101 B&A Municipal Tax Service, LLC - Invoice MD2-105
17,547.19
$243.00
$662.00
$254,49
$1,159.49
Ending Balance —Tax ACJaraunt 16,387.70
R rR A RA TAx $I; R via.; I J ('
13313 NORTHWEST FRJ•:ItWAY, SI'I:620
ianr Icrrrn.i Tr rnin
MAN ^13-900-2680
rflr i i .ui.i: , 'Hag cult ienu
7
NIUNJCIPAI TAX SERVICE,LLC
ROCK PRAIRIE MANAGEMENT DISTRICT 2
FOR THE PERIOD ENDING 2128Jr21
OUTSTANDING TAXES — YEAR TO DATE
BALANCE FORWARD CAD
TAX liP SUPPLEMENTS S
YEAR 10101120 CORRECTIONS UNCOLLECTIBLE
2020 S116,563.06 $1,113.76 $0.00
2019 $73,299.93 $0.00 $0.00
2018 $49,461.25 $0.00 $0,00
2017 $19,982.78 $0,00 $0.00
EXEMPTIONS & TAX RATES
TAX
YEAR
2020
2019
2018
2017
HOMESTEAD
EXEMPTIONA/y /
0.
0.00%
0.00%
0.00%
DISTRICT VALUES
TAX
YEAR
2020
2019
2016
2017
LAND &
IMPROVEMENTS
22,941,412
14,898, 546
9,881 ,920
4;069,643
OVER 65!
DISABLED
0
0
0
0
AG NET
7,123
14,370
28,690
27,010
M 0 RATE
0.50000
0.50000
0.50000
0.50000
PERSONAL
PROPERTY
617,828
909,570
309,850
0
COLLECTIONS
$97,950.09
$73,299.93
$49,461.25
$19,962.78
DEBT SERVICE
RATE
�0.004000
0.0 000
0.00000
0.00000
EXEMPTIONS
30,971
1,162,800
328,210
104,096
OUTSTANDING
TAXES
$19,726.75
$0.00
$0.00
($0-00)
$19,726.75
CONTRACT TAX
RATE
0. 00000
0,00000
0.00000
0.00000
COLLECTIONS
PERCENTAGE
83.24%
100.00%
100.00%
100.00%
TOTAL RATE
0.50000
0.50000
0_50000
0_50000
TOTAL VALUE SR KR
23,535,393 1 1
14,659,986 12 12
9,892,250 30 30
3,992,557 47 47
B & A M1JNTCIPAT, rAx Sk•.141`1CI.. I.r.&
73333 NORTHWEST FRF.E:WAY. S'J'1: 620
rrr]USTClu T( '?fin
MAIN 7l39U0-Z6EO
I l f1.1 I;ic 1 ;I; I _RIUI_54131^anti
3
,V UNICII'AI TAX SEKVICE,! LC=
BEGINNING BALANCE
ROCK PRAIRIE MANAGEMENT DISTRICT 2
FOR THE PERIOD ENDING 2/28121
INCOME
10% Rendition Penalty
Bad Check Charges
CAD Refund Excess Allotment
Collection Fee
Earned Interest
Overpayments
Penalty & Interest
Rollback Tax Collected
Taxes Collected
PROFIT & LOSS
CURRENT MONTH
2101121 - 2/28121
98,829.47
FISCAL YEAR
6(01120 - 2128 21
38,946.02
0.00 0.00
0.00 0.00
0.00 5.30
0.00 0.00
9.96 28.01
0.00 371,04
23.76 23.76
0.00 0.00
459.42 97.950.09
Total Income 493.14 98,378.20
EXPENSES
Audifll`tecards 175.00 175.00
Bank Charges 0.00 0.00
Bond Premium 0.00 _ 50.00
GAD Fees _ 0.00 604.50
Certificate of Value 0.00 0.00
Copies 15.40 f 91.40
Correction Roll Refunds 0.00 0.00
Correction Roll Rendition Refunds 0,00 0.00
Continuing Disclosure 0.00 0.00
Court Affidavits 0.00 0,00
Delinquent Tax Attorney Assistance 0.00 30,00
Delinquent Tax Attorney Fee 0.00 0.00
Estimate of Value 500.00 950.00
Installment Tracking 0.00 0.00
Unclaimed Property Report 0.00 0.00
Legal Notices 0.00 787.00
Mailing & Handling 0.94 _ 253.76
Meeting Travel & Mileage _ 45.08 590.73
Overpayment Refund 357.83 371.02
Public Hearing 0.00 650.00
Records Retention 0,42 3.88
Roll Update & Processing 18.75 150.00
Supplies 0.00 19.74
Tax Assessor Collector Fee - AB 662.00 4,950.00
Tax Rate P reparation &Calculation 0.00 0.00
Transfer to Rollback Collected 0.00 4.00
Transfer to Maintenance & Operating 80,000.00 110,000,00
Transfer to Debt Service 0.00 0.00
81,775.42 119,777.03
ENDING BALANCE 17.547.19 17_,.54I 1�9
B. AM N(OPAI,TAXsr.IIVICAc,
13333 NORIHWEST FREEWAY, STR 620
i iou S TUN. 'TX 77040
MAIN 711-9(I02$8(I
{71,1. I�II�:Ii ]_XKR 1911-741Yi
4
January
February
March
A
May
June
Juty
August
September
MUNICIPAL 'FAX SEkvIC:E,LLC.
ROCK PRAIRIE MANAGEMENT DISTRICT 2
FOR THE PERIOD ENDING 2/28121
2020
October $678.59
November $1,138.23
December $4,289.31
$91, 384.54
5459,42
YEAR TO YEAR COMPARISON
9b 2019
0.58% 1 $3,394.55
1,55%
5.24%
82.85%
83.24%
b
L
VARIANCE
4.46% -3.88%
$559.00 5.41% -3.85%
11.02% -5.78%
$41,438.41 67.55% 15.30%
84,111.95
$25,50 67,58% 15.65%
MONTHLY COLLECTIONS
20201 2019[ 2018
S459.42 $0.00 $0,00
13 it A MUNICIPAL TAX SERVICE, LLC
11113 R'1111t'UST L'L L•EWAY. STE 620
IIU1Jti1%SN 'I']:77i141S
MAIN 713-900-.6OC
•ITS1.1. FIT 1_XXX-3'7X 74.0D
5
MUNICIPAL TAX SEROCE,LLC:
ROCK PRAIRIE MANAGEMENT DISTRICT NO 2
FOR THE PERIOD ENDING 02/26/21
PLEDGED SECURITIES REPORT
SECURITIES PLEDGED AT 105% OVER FDIC INSURED $250,000
COLLATERAL SECURITY AGREEMENT ON FILE : YES
TAX BANK ACCOUNT HELD AT: WELLS FARGD/ BANK OF NEWYORK MELLON
COLLATERAL SECURITY REQUIRED: NO
LEVY IS BELOW $250,000 FDIC
TYPE OF PLEDGED INVESTMENT:
IN COMPLIANCE W! DISTRICT INVESTMENT POLICY: YES
13.21. MUNICIPAL TAX 5FRVICF
13333 NORTHWEST FREEWAY SUITE 620
HOL STON rx /7040
MAIN 713-SOD-26S0
TOLL FREE I-.8 -S0 -7409
PS
STATE OF TOMS
COUNTY OF BRAZOS §
Avik Bonnerjee, being duly sworn, says that he is the Tax Assessor -Collector for the above named
District and the foregoing contains a true and correct report accounting for all taxes collected for
said District during the month therein stated.
Avik Bonnerjee, RTA
SWORN TO AND SUBSCRIBED BEFORE ME, this 1st day of March 2021.
RE8ECCALYNN 9REWER -
Notary to pf1 25 819
My ComrnisSlon Expire%
ILIA Gh 7, 2024
Rebecca Lynn Brewer
Notary Public, State of Texas
Notary ID #1258819
My Commission Expires March 1, 2024
DRAZQS OfNTRAL
0-1 APPRAISAL DISTRICT
B RAZOB COUNTY, TEKAB
4asf PRIDLIT P UII
MIY;N.T% rman-2485
Mr. Avik I3onnerjee
Registered Texas Assessor Colrector
B&A Municipal Tax Service LLC
13333 Northwest Freeway, Suite 620
Houston, TX 77040
Mark W. Price
Chief Appraiser
(979)774-4144
(979)774-4196 Fax
November 19, 2020 Rock Prairie Management District#2
STATEMENT
Below are the quarterly payment amounts and due dates for the 2021 Brazos Central
Appraisal District Operating Budget, as mandated by State Law.
Section 6.06 State Property Tax Code states:
"Unless the governing body of a unit and the chief appraiser agree to a different method of
payment, each taxing unit shall pay its allocation in f?itar equal payments to be made at the end
of each calendar quarter, and the first payment shall be made befirre January 7 of the year in
which the budget takes effect A payment as delinquent if not paid on the date it is due. A
delinquent payment incurs a penalty of 5 percent of the amount of the payment and accrues
interest at can annual rate of f 10 percent. If the budget is amended, ani' change in the amount of
ca unh's allocation is apportioned among the payments remaining."
1=`Quarter due by December 31, 2020
tad Quarter due by March 31, 2021
3`d Quarter due by June 30, 2021
4,h Quarter due by September 30, 2021
Total Allocation
$243.00
$243.00
$243.0'0
$243.00
$972.00
icsn
T6( /M3
04tch.rc o^'°'ai
MUMCIPA1_ TAX SERVrCE, LLC
Bill To
Rock Prairie Management Disirici No. 2
13333 Northwest Frci:way
Suite 520
1 ioust n TX 77040
Invoice
Date Invoice #
3/ 11202 t MD2-104
Description Unit Count Rate Amount
Avik Buruxrjcc, R'I'A- TaxAsses crCo1IoctorPcc .larch 2021 . 18,00 518A0
2020 Additional Unit Count Invoiced 2021 160 0.00 144.00
Thank you fur your business.
Total
$662.00
3.bial 644. noo
1 i333 Nuutliwest Freeway, Suite 620 IN Houston, TX 7704D PH 713-6J0-2680 n www.bamunitax.com
MUNICIPAI TAX SERVICE, LLC
BiII To
Rock Prairie Management District No. 2
13333 Northwest Freeway
Suite 620
I Ioustan TX 77040
Invoice
Dote Invoice #
311/2021 MD2-195
Description Unit Count Rate Amount
Copies
Postage, Mailing, and I [andling 0I b)
1;'4`cord5 Retclition
Meeting Travel Tiine/Mile ;elTinie (January 202])
Certificatc Of Value dated f'ebruary 10, 202 I
Thank you. for your business_
136
0.2U
7.99
0,42
43.88
175.00
27.20
7.99
0.42
43.88
175.00
Total $254.49
4-3-sidc21 e-g. not
13333 tionhwca1 Frc ay. &An620 Hcusion: TX 7704G A PH:713-900-2 8D +i voAv.1,aInuni1 LeUm
Jurisdiction: MD2
ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2 Page T
Delinquent Tex Roll 31212021
As of 212612021 8:12 AM
Account No/Name/Address Cad Ne1Pra arty Descr.
00090100210000 000000010t� Acreage- 16.89620 Over05 No
PERRY B RIAN HOWARD- A000901, THOMAS CARRUTHERS (ICL), TRACT 21, Veteran N4
17975 BELLA LAGO CT 16.6062 ACRES Installment Code N
COLLEGE STATION, TX 77845.4774
ROCK PRAIRIE RD
Due Feb. 2021 Due Mar. 2021 Due Apr. 2021
Y Stmt Date D 1�] Date Cade Taxes Penalties Payments Del. P&I Due Del. P&I Due Del. P&I Due
2020 101112020 2/2/2021 7.359,60 0.00 0.00 515.17 7,874 77 662.36 8,021.96 809.56 8,169.16
00090100210010 000000406666 Acreage. D.11490 Over 65 No
PERRY BRIAN HOWARD A000901, THOMASCARRUTHERS(ICL), TRACT21,1. Veteran No
17975 BELLA LAG() GT 0.1149 ACRES Installment Code N
COLLEGE STATION. TX 77845.4774
MIDTOWN DR
Due Feb. 2021 Due Mar. 2021 Due Aar. 2021
Year Stmt Date Deis, Date Cade Taxes Penalties Payments De[. P&I Due Del. P&I Due Del. P&! Due
2020 10/1/2020 212 2021 29.26 0.00 0.00 2,05 31.31 2.63 31.89 3.22 32.48
413600/0020010 000000426321 Acreage: 0,09700 Over 65 No
CONTINENTAL HOMES OF TEXAS LP MIDTOWN RESERVE PH 100. BLOCK 2, LOT 1, ACRES Vatsran No
9515 SW H K DODGEN LOOP 0.097 Installment Coda N
TEMPLE, TX 76502-1021
Year Strni Date Delgq Date Code
2020 10/1/2020 2/2/2021
TOLEDX BEND DR
Due Feb, 2021 Due Mar, 2021 Due Apr, 2021
'I axes Penalties Payments Del. P&I Due Del. P&I Due Del. P&I Due
11 9.90 0.00 0.00 8.39 128.29 10.79 130.69 13.19 133.09
419e0010020020 000000425322 Acreage:0,10140 Over es Na
CONTINENTAL HOMES OF TEXAS LP MIDTOWN RESERVE P11100, BLOCK 2, LOT 2, ACRES Veteran No
3515 SW H KDODGEN LOOP 0,1014 InsiallmentCoae N
TEMPLE, TX 76502-1021
TOLEDO BEND OR
Due Feb. 2021 Due Mar, 2021 Due Apr, 2021
Year Simi Date Del Date Code Taxes Penalties Pave; pts De!. P&I D e De!. P&1 Due Del, P&I Due
2020 10/112020 2/2/2021 119.90 0.00 D.00 8.39 128.20 10.79 130.69 13.19 133.09
41380010020030 D00000426323 Acreage: 0.10350 Over BS No
CONTINENTAL HOMES OF TEXAS LP MIDTOWN RESERVE PH 1 D0, BLOCK 2, LOT 3, ACRES Veteran No
3515 SW H K DODGEM LOOP 0.1035 Installment Code N
TEMPLE, TX 76502-1021
TOLEDO BEND DR
Due Feb. 2021 Due Mar. 2021 Due Or. 2021
Year Stilt Date Det Date Code Taxes Penalties Pawrnents Del. P&I Due Del. P&I Due Del. P&1 Due
2020 1C/112020 21212021 119.90 0.00 0.00 8.39 128,29 10.79 130.69 13.19 133.09
413130010020040 000000426324 Acreage:0.10750 Over65 No
CONTINENTAL HOMES OF TEXAS LP MIDTOWN RESERVE PH 100, BLOCK Z, LOT 4 ACRES Veteran No
3515 SW H K DODGEN LOOP 0,1075 Installment Code N
TEMPLE. TX 76502 1021
TOLEDO BEND DR
Due Feb. 2021 Due Mar. 2021 Due 6pr, 2021
Year Stmt Date Delqq Date Code Taxes Penalties Payments Del. P&I Due Del, P&I Due Del, P&t( Due
2020 10/112020 2/2/2021 119.90 0.00 0.00 8.39 126.20 10.79 130.69 13.19 133.09
41380010020060 000000426326 Acreage:0,12160 0iler65 Na
CONTINENTAL HOMES OF TEXAS LP MIDTOWN RESERVE PH 100 BLOCK 2, LOT 6, ACRES Veteran No
3515 SW H K DODGEN LOOP .1216 Installment Code N
TEMPLE, TX 76502-1021
TOLEDO BEND DR
Due Feb. 2021 Due Mar. 2021 Due Apr, 2021
Year Stmt Date Deg Date Code Taxes Penalties Payments Del. P&1 Due De!. P&I Due Del. P&I Due
2020 101112020 2/212021 369,60 0.00 0.00 25.87 395.47 33.26 402.86 40.66 410.26
Report Prepared IN B&A Mvnicipel Tax
wwrv:temunitax.com
Jurisdiction: MD2
ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2 Page 2
Delinquent Tax Roll 3f212021
Asof2128/2021 8:12AM
Account NofName/Address Cad Na/Property Rescr.
4139070 4010020000000425827 Acreage: 0.13160 +7E er � ; Na
WILSON VALERIE F 8 NICHOLAS A MIDTOWN RESERVE PH 100, BLOCK 2, LOT 7, ACRES 'Moran No
es7 TOLEDO BEND DR .1315 Install marlt Code N
COLLEGE STATIOrd TX 77645-7277
TOLEDO BEND DR
Due Feb, 2021 Due Mar. 202t Due Aar. 2021
Year Stmt Date Delp Dale Code Taxes Penalties Payments Del P&1 Due Del. Pal Due Del, P81 Due
2020 1011/2020 2/2/2021 403.90 0.00 0.00 28.27 432.17 36.35 440.25 44.43 448.33
41380010020090 00X0000426629 i4,Creage 0.16550 Over 65 No
JIMENEZ PATSY d MIDTOWN RESERVE PH 100, BLOCK 2, LOT 9. ACRES Veteran NO
953 TOLEDO SENT} DR .1655 Installment Code N
COLLEGE STATION, TX 77045-7277
Year Strut Date De(q Date Coda
2020 10/112020 212/2021
TOLEDO BEND DR
Due Feb, 2021 Due Mar. 2021 Due AIX 2021
Taxes Penalties Payments Del. P&I Due ❑el. P&I Due Del. P&I Due
413.68 0.00 0.00 28.96 442.64 37.23 450.91 45.50 459.18
41160010020110 000000426331 Acreage:. 0,10640 Qver65 No
COLLEGE STATION DOWNTOWN RESIDENTIAL LLC MIDTOWN RESERVE PH 100, BLOCK 2, LOTI I,ACRES Veteran No
% GREENS PRAIRIE INVESTORS LTD 0.1064 Installment Code N
1645 GREENS PRAIRIE RD W
STE 204
COLLEGE STATION. TX 771345-9Ji4 MCQUEENY DR
Due Feb. 2021 Due Mar. 2021 Due Aor. 2021
Year Stmt Date DeI0g Date Code Taxes Penalties Pavmerltts t7el. P&I Due Del. P&I Due Del. Pal Due
2020 1011/2020 2/212021 121.44 0.00 0.00 8.50 129.94 10.93 132.37 13.36 134.80
41380010030010 0300 0425597 Acreage:0,10100 Over65 No
CONTINENTAL HOMES OFTFXAS 1 P MIDTOWN RESF.RVF PH 100 BLOCK 8, LOT 1, ACRES • Veteran No
3515 SW H 1( DODGEM I OOP Installment Code N
TEMPLE, TX 765ci2 1.021
TOLEDO BEND OR
Due Feb. 2021 Due Mar. 2021 Due Aor. 2021
Year Stmt Date Dela Date Code Taxes Penalties Payments De!. P&I Due Del. P&I Due Del. P8J Due,
2024 10/1/2020 212f2021 484.82 0.00 0.00 32.54 497. 36 41, 83 506.65 51.13 515.95
41300010030020 000000426339 Acroag4:0 09900 Over 65 No
CON1 INCNTAL HOMES OF TEXAS LP MIDTOWN RESERVE Pt 1100, BLOCK 3, LOT 2, ACRES Veteran NO
3515 SW H K DODGEN LOOP 0 0996 Inslallrnenl Coda N
1 LMPLE TX 70502-1021
TOLEDO BEND DR
Due Feb. 2021 Due Mar. 2021 Due Aor. 2021
Year Stmt Date Delp Date roue Taxes Penalties Payments Dal. P8.1 Due Del P&1 Due Del. P&l Due
2020 10/1/2020 2/212021 119.90 0.00 0 00 8.39 128.29 10.79 130.69 13.19 133.09
41380010030040 0003004263d0 Acreage: 0,16100 Over 65 No
CONTINENTAL HOMES OF TEXAS LP MIDTOWN RESERVE PH 100, BLOCK 3. LOT 4,ACRES Veteran No
3515 SW H K DODGEM LOOP Inslsllment Code N
TEMPLE, TX 76602-i 321
TOLEDO BEND DR
Due Feb. 2021 Due Mar. 2021 Due Apr. 2021
Year Stmt Date De4 Date Code Taxes Penalties Payments Dei. PSI Due Del. P&1 Due Del, P&I Due
2020 10/1/2020 2/2/2021 464.34 0.00 0.00 32.50 496.84 41.79 506.13 51.08 515.42
41300010030000 000000426342 Acreege:D.10670 Over65 No
VILLANUEVAIVI SHEA &PATRICKJOEL MIDTOWN RESERVE PH 100, BLOCK 3, LOTS, ACRES Veteran No
964 TOLEDO BEND DR 1087 Installment Code N
COLLEGE STATION, TX 77845-7822
TOLEDO BEND DR
Due Feb. 2021 Due Mar. 2021 Due Aor2021
Year Stmt Date Detq Date Code Taxes Pena4s Payments Del. P81 Due Del. P&t Due Del. P&I Due
2020 10/1/2020 2/2/2021 434.10 000 0.00 30.39 464.49 39.07 473.17 47.75 481.85
Report Prepare0 by B&A Munrcipal Taw
Wr ww. oamurniax-com
Jurisdiction: MD2
ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2 Page 3
Delinquent Tax Roll 312/2021
As of 212812021 8:12 AM
Account No/Name/Address Cad Na/Properly Descr.
41300010030090 000000420345 Acre2ge-0.10100 0ver65 No
CONTINENTAL HOMES OF TEAS LP MIDTOWN RESERVE PH 100, BLOCK 3, LOT 9, ACRES Veteran No
3515 SW Ii K DODGEM LOOP 0,101 Installment code N
TEMPLE, TX 70602-1021
TOLEDO BED DR
Due Feb. 2021 Due Mar. 2021 Due Apr. 2021
Year Stmt Date Delp Date code Taxes Penalties Payments Dei. P&1 Due Del. P81 Due Del_ P&I Due
2020 10(1/2020 2/2/2021 119.90 0.00 0.00 8,39 128.29 10.79 130.69 13.19 133.09
41310010030100 000000426546 Acreage: D.10100 Over 6$ No
CONTINENTAL HOMES OF TEXAS LP MIDTOWN RESERVE PH 00, BLOCK 3, LOT 10, ACRES Veteran No
3515 SW H K DODGEN LOOP 0.141 Inotallment Code M
TEMPLE, TX 76502-1021
TOLEDO SEND DR
Due Feb. 2021 Due Mar. 2021 Due Aor. 2021
Year Stmt Date Delo Date Code Taxes Penalties Payments De!. P&1 Due Del. P&1 Due Del. P&! Due
2020 10/1/2020 212/2021 119.90 0.00 0.00 8.39 128.29 10.79 130.69 13.19 133,09
41300010240010 000000420353 Acreage:0,09600 0ver85 Na
CONTINENTAL HOMES OF TEXAS LP MIDTOWN RESERVE PH 102, BLOCK 4, LOT 1, ACRES Veteran Na
3515 SW H K DODGEN LOOP 0.0956 Installment Code N
TEMPLE, TX 70502-1421
TOLEDO BEND DR
Due Feb. 2021 Due Mar. 2021 Due Apr. 2021
Year Strnt Date Delp Date Cede Taxes Penalties Payments Del. P8I clue Del. P8d Due Del. P&1 D
2020 10/102020 212/2021 121.44 0,00 0.00 8.60 129.94 10.93 132,3T 13.36 134. 0'
41380010240020 000000426.154 Acreage. D 10100 Over 65 No
CONTINENTAL HOMES OF TEXAS LP MIDTOWN RESERVE PH 102, BLOCK 4, LOT 2 ACRES Veteran N4
3516 SW H K DODGEN LOOP 0.101 Installment Cade N
TEMPLE, TX 76502-1421
TOLEDO BEND DI
Due Feb. 2021 Due Mar. 2021 Due Apr. 2021
Year Stmt Delp- Delp Date Code Taxes Penalties Payments Del. P&I Due Del, P81 Due Del. P&I Due
2020 10/1/2020 2/2021 121.44 0.00 0.00 8.50 129.94 10.93 132.37 13.36 134.80
41300010140030 000000426365 Acreage:0,10100 Ol.er65 No
CONTINENTAL HOMES OF TEXAS LP MIDTOWN RESERVE PH 142. BLOCK 4, LOT 3, ACRES Veteran No
3515 SIN H K DODGEN LOOP 0,101 Installment Cue N
TEMPLE, TX 70502-1021
TOLEDO BEND LER
Due Feb. 2021 Due Mar, 2021 Due Apr, 2021
Year Stmt Date Dalq Date Code Taxes Penalties Payments Del, P&I Due Del. P&1 Due Del. P&1 Due
2020 10/1/2020 2/2/2021 121.44 0.00 0.00 8.50 129.94 10.93 132.37 13.36 134.80
41380010240040 000000426350 Acreage. 0.10100 Over e5 Na
CONTINENTAL HOMES OF TEXAS LP MIDTOWN RESERVE PH 102, BLOCK 4, LOT 4. ACRES Va(eran No
3515 SW H K DODGEN LOOP 0.101 rnstalrment Cade N
TIEMPLE. TX78632-102t
TOLEDO BEND DR
Due Feb, 2021 Due Mar. 2021 Due Apr, 2021
Year Stmt Date Delg Dale Code Taxes Penalties Payments Del. P&1 Due Del. P&! Due Del. P&I Due
2020 10/112020 2021 121.44 0.00 0.00 13.50 129.94 10,93 132.37 13.36 134.80
41300010240050 000000425357 Abrreage:010100 0ver85 No
CONTINENTAL HOMES OF TEXAS LP MIDTOWN RESERVE PH 102, BLOCK 4. LOT 5. ACRES Veteran Na
3515 SW H K DODGEN LOOP 3.101 Installment Caul N
TEMPLE, TX 76502.1021
TOLEDO BEND DR
Due Feb. 2021 Due Mar. 2021 Due Apr. 2021
Year Stmt Date Det Date Corse Taxes Penalties Payments Del_ P81 Due Del. P&I Due Der. P81 Due
2020 10/1)2020 2t2/2021 121.44 0.00 0.00 8.50 129.94 10.93 132.37 13.35 134.80
Report Prepared by B&A Municipal Tax
www.barnunllax.00m
Jurisdiction: MD2
ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2
Delinquent Tax Roll
As of 2/28/2021
Page 4
3/212021
8:12 AM
Acpptrnl NotNameiAddress
413B00tb24O060
CONTINENTAL HOMES OF TEXAS LP
3511 SW H K DODGEM LOOP
TEMPLE, TX 76502-1021
Year Stmt Date Delp Dap Code
2020 1011/2020 2/2 202
41300010240070
CONTINENTAL HOMES OF TEXAS LP
3515 SW H K DODGEN LOOP
TEMPLE, TX 76502-1021
Year Slmt Date Del Date Code
2020 10/112020 2/2/2021
41380010240000
CONTINENTAL HOMES OF TEXAS LP
S615 BW H K DODGEN LOOP
TEMPLE, TX 76562-102t
Year Strut Date Delo Date Coda
2020 1.0/102020 212/2021
41380010240090
CONTINENTAL HOMES OF TEXAS LP
3515 SW H K DODGEN LOOP
TEMPLE, TX 76502-1021
Year Stmt Date perm Date Code
2020 10/1/2020 2/212021
4/380010240100
CONTINENTAL HOME5 OF TEXAS LP
3515 SW H K DODGEM LOOP
TEMPLE, TX 7e502 1021
Year Strut Date Delqq Date Cade
2020 10/1/2020 21212021
41300010240110
CONTINENTAL HOMES OF TEXAS LP
0516 SW H K DODGEM LOOP
TEMPLE, TX 75502-1021
Y$ r Stmt DaG Delp Date Cade
2020 1011/2020 2/212021
41300010240120
CONTINENTAL HOMES OF TEXAS LP
3515.5W H IC DODGEM LOOP
TEMPLE. TX 76502-1021
Year Stmt Date Delp Date Codo
2020 1 D/1/2020 2/212021
Cad No/Property De5cr
000000426a ACreag6:010100
MIDTOWN RESERVE PH 102, BLOCK4, LOT 6, ACRES
0101
TOLEDO BEND CR
faxes Penalties Payments
121.A4 0.00 0.00
Over r3$
Vetere n
Installment Code
Due Feb. 2021
Del. P&I Due
8.50 129.94
No
N
Due Mar. 2021 Due Apr, 2021
Del. P81 Due Del_ P&1 Duo
10.93 132.37 13.36 134.80
00000042$360 Acreage:0.10100 Over65
MIDTOWN RESERVE PFt 102. BLOCK 4, LOT 7. ACRES Veteran
0.101 Installment Code
TOLEDO BEND DR
Due Feb. 2021
Taxes Penalties Payments_ Del. P&1 Due
121.44 0.00 0.00 8.50 129.94
No
No
N
Due Mar. 2021 Due Arr. 2021
Dal. P&1 Due DAI. P&I Due
10.93 132.37 13.3E 134.80
000000426360 Acreage: 0.10100 Over 65
MIDTOWN RESERVE PH 102, BLOCK 4 LOT 8, ACRES Veteran
0.101 Installment Code
TOLEDO BEND DR
Taxes Penalties Pavrnents
121.44 0.00 0.00
Due Feb. 2021
Del. P8I Due
8.50 i29.94
No
No
N
Duo Mar, 2021 Due Aor. 2021
Dal P8,1 Due Del. P&1 Due
10.93 132.37 13.36 134.80
000000426361 Acreage. 0,10100 Over 95
MIDTOWN RESERVE PH 102, BLOCK4, LOTS, ACRE Veteran
0.101 Installment Code
TOLEDO BEND DR
Taxes Penalties Pavmentt
121.44 0.00 0.00
Na
No
N
Due Feb. 2021 Due Mar. 2021 Due Apr. 2021
Del. P&1 Due Del. P&I Due Del. PM Due
8.50 129.94 10.93 132.37 13.36 134.80
000000428562 Acreage:4.10100 Oyer 65
MIDTOWN RESERVE PH 102 FROCK 4, LOT 10, ACRES Veteran
0 101 Installment Code
TOLEDO BEND DR
Taxes Penalties Payments
121.44 0.00 0.00
Due Feb. 2021
Del. P&I Due
8.50 129.94
No
No
N
Due Mar. 2021 Due Aor. 2021
Del. P&I Duo Dal. P&I Due,
10.93 132.37 13.36 134, 80
000000426363 Acreage: 0.10100 Over 65
MIDTOWN RESERVE PH 102, BLOCK 4, LOT 11, ACRES Veteran
0.101 Installment Cote
TOLEDO BEND DR
Taxes penalties Payments
121.44 0.00 0.00
Due Feb. 2021
Del. P&1 Due
8.50 129.94
No
No
N
Due Mar, 2021 Due Afar. 2021
Der. P81 Due DeL P&1 Due,
10.93 132.37 13.36 134.80
000000426364 Acreage. 0.1010a Over 65
MIDTOWN RESERVE PH 102, BLOCK4, LOT 12, ACRES Veteran
0.101 Inetellment Code
TOLEDO BEND DR
Taxes Penalties Payments
121.43 0.00 0.00
Na
No
N
Due Feb. 2021 Due Mar. 2021
Del. P&I Due Del, P&I Due
8.50 129-93 10.93 132.36
Due Aar. 2021
Del. P&! Due
13,36 134.79
Report Prepared joy B&A Municipal Tax
www.bamunitaxoom
Jurisdiction: MD2
ROCK PRAIRIE MANAGEMENT DISTRICT NO, 2 Page 5
Delinquent Tax Roll 312/2021
As of 212B12021 8:12 AM
Account No/Name/Address Cad No/Property Descr.
41380910240150 0D0o0B425365 Acreage' 010520 Diverfi5 NO
CONTINENTAL HOMES OF TEXAS LP MIDTOWN RESERVE PH 102 BLOCK 4, LOT 19, ACRES Veteran No
3515 SW H K MOGEN LOOP D.r0.52 Installment Cade N
TEMPLE, TX 70502-1021
TOLEDO BEND DR
Due Feb 2021 Due Mar. 2021 Due Aur. 2021
Year Stml Date Deli,'Oats Code Taxes Penalties Payments Der. P&1 Due Del. P&I Due Del, P&f Due
2020 10/1/2020 21021 121.43 0.00 0.00 8.50 129.93 10.93 132 36 13.36 134.79
41360010240140 000000420365 Acreage:0.10710 Over65 No
CONTINENTAL HOMES OF TEXAS LP MIDTOWN RESERVE PH 102, BLOCK 4, LOT 14. ACRES Veteran NO
0515 SW H K DODGEN LOOP 0.1071 Installment Code N
TEMPLE, TX 76502-1021
TOLEDO BEND DR
Due Feb. 2021 Due Mar. 2021 Cue Apr. 2021
)(ear Simt Date ❑o!g Dale Code Taxes Penalties Pawnor Is Del. P&1 Due Del. P&I Due Del. P&I Due
2D20 10/1/2020 212/202/ 121.43 0.00 0.00 6.50 129.93 14.93 132.36 13.36 134.79
41380010240150 000000426367 Acreage:0_10110 Over55 No
CONTINENTAL HOMES OF TEXAS LP MIDTOWN RESERVE PH 102, BLOCK 4, LCT 15, ACRES Veteran No
3515 SW H K DODGEN LOOP 0.1011 Installment Code N
TEMPLE, TX 7E502-1 021
TOLEDO BEND DR
Due Feb, 2021 Due Mar, 2021 Due Apr. 2021
Year Strnt Date ❑e19 Date Code Taxes Penalties Payments Del. P&1 Due Dei. P&I Due Del P&I Due
2020 10/1/2024 2/2/2021 121,43 0.00 0_00 8.50 129.93 10.93 132.36 13.35 134.79
413906102401H 00000042E368 Acre39e:0.10700 (vet65 No
CONTINENTAL HOMES OF TEXAS LP MIDTOWN RESERVE Pit 102, BLOCK 4, LOT 10, ACRES Veloton Na
35i 5 SW H K DODGEN LOOP 0.101 Installment Code N
TEMPLE, TX 76502-t 021
TOLEDO BENI) DR
Due Feb. 2021 Ode Mar. 2021 Due Apr, 2021
Year Stmt Date Delp Date Code Taxes Penalties Payments Del_ 138.1 Due Del. P&I Due Del. P&I Due
2020 10/1/2020 2/272021 121.43 0.00 0.00 8.50 129.93 10.93 132.36 13.36 13,.79
41360010240170 O0000C426369 Ammo: 0 10100 Over E5 NO
CONTINENTAL HOMES OF TEXAS LP MIDTOWN RESERVE PI 102, BLOCK 4, LOT 17, ACRES Veteran NO
3615 SW H K DODGEN LOOP 0.101 Inatallrneni Code N
TEMPLE. TX 76502-1021
TOLEDO BEND DR
Due Feb, 2021 Due Mar, 2021 Due Apr 2021
Year Slmt Date De Dale Code Taxes Penalties Payments Del P&I Due Def. P&I Due Del. PM Due
2020 1011/2020 212)2021 121.43 0.0D 0.00 8.50 129.93 10.93 132.36 13.36 134 79
413300t0240130 00006042637D Acreage: 0,101 130 Over 65 No
CONTINENTAL HOMES OF TEXAS LP MIDTOWN RESERVE PH 102, BLOCK 4, LOT la, ACRES Veteran No
3515 SW H K DODGEN LOOP 0.101 1nstollmant Coda N
TEMPLE, TX 76E02.1021
TOLEDO BEND DR
Due Feb. 2021 Due Mar. 2021 Due Apr. 2021
Year Stmt Date Delp Date Code Taxes Penalties Pay ents Del. P&I Due Del. Pal Due Del. P&I Due
2020 10/1/2020 2/2/2021 121.43 0.00 0.00 8.60 129.93 10.93 132.36 13.36 134.79
4155601024019D 000000426571 Acreage: 0.10100 Over ES No
CONTINENTAL HOMES OF TEXAS Lp MIDTOWN RESERVE PH 102, BLOCK 4, LOT 19, ACRES Veteran No
3515 SW H K DODGEN LOOP 0.101 Installment Code N
TEMPLE, TX 76502-1021
TOLEDO BEND DR
Due Feb, 2021 Due Mar, 2021 Due Apr, 2021
Year Sim( Date Del,q Date Coda Taxes Penalties Payments Del PSI Due Del. P&I Due Del. P&l Due
2020 10/1/2020 2/2/2021 119.90 0.00 0.00 8.39 128.29 10.79 130.69 13.19 133.09
Report Prepared by B&A HdVnip pill Tux
www,t?munitex,cnm
Jurisdiction: MD2
ROCK PRAIRIE MANAGEMENT DISTRICT NO, 2
Delinquent Tax Roll
As of 2r2 &12021
Page 6
312f2D21
6:12 AM
Account No/Name/Address
41360010240200
CONTINENTAL HOMES OF TExAs LP
3$15 SW H K OODGEN LOOP
TEMPLE, TX 79502-1021
Year Stmt Date Det9 Date Code
2020 1011/2020 212 021
41360010240210
CONTINENTAL HOMES OF TEXAS LP
3515 SW H KDODOEN LOOP
TEMPLE, TX 78502-1021
Year Simi Dale DO Date Code
2020 10/1/2020 2f2/2021
41380010240230
CONTINENTAL HOMES OF TEXAS LP
3515 SW H K DO DGEN LOOP
TEMPLE, TX 76502-1021
Year Strnt Date Delp Date Code
2020 10/1/2020 2/2 2021
41360010240250
CONTINENTAL HOMES OF TEXAS LP
3515 SW H IC DODO EN LOOP
TEMPLE. TX 70002.1021
Year Stmt Date Delg Date Code
2020 10l1J2020 2/22021
41360010240270
CONTINENTAL HOMES OF TEXAS LP
3515 SW H K DODO EN LOOP
TEMPLE, TX 78502-1021
Year Simi Date Delp Date Code
2020 1 DM /2020 212/2021
413800102.40310
CONTINENTAL HOMES OF TEXAS LP
3515 SW H K DOOGEN LOOP
TEMPLE, TX 70a02-1021
Year Simi Date D*. Date Code
2020 1011f2020 212)2021
4130001024033D
CONTINENTAL HOMES OF TEXAS LP
3515 SW H K DODGEN LOOP
TEMPLE, TX 76502-1021
Year Stmt Date Delp Date Code
202D 10/1/2020 2/2/2021
Cad No/Propertv Descr.
000000420372 Acseege: 0.10100 over 65
MIDTOWN RESERVE PI. 102 BLOCK 4, LOT 20, ACRES Veteran
0,101 Installment Code
TOLEDO BEND DR
No
No
N
Due Feb_ 2021 Due Mat. 2021 Due Apr. 2021
Taxes Penalties Pavrnents Del. P&I Due Del_ P&I Due Del, Pal Due
119.90 0.00 0,00 8.39 128.29 10.79 130.69 13.19 133.09
000000420070 Acreage: 0.10100 Over 65
MIDTOWN RESERVE PH 102, BLOCK 4, LOT 21, ACRES Velum
0.101 Inaiellrneni Code
TOLEDO BEND DR
Taxes Penalties Payments
119.90 0.00 0.00
No
Ng
N
Due Feb. 2021 Due Mar. 2021 Due Aor. 2021
Del. P&I Due Del. P&I Due Del. P81 Due,
8.3E 128.29 10.79 130.69 13.19 133.09
000000420375 Acreage: 0.10100 Over 65
MIDTOWN RESERVE PH 102, BLOCK 4, LOT 23, ACRES veteran
0.1D1 Installment Code
TOLEDO BEND DR
Taxes Penalties Payments
119,90 0,00 0.00
No
No
N
Due Feb. 2021 Due Mar. 202.1 Due Aor, 2021
Del. P81 Due Del. P&I Due Del. P&1 Due
8.39 128.29 10,79 130.89 13.19 133.09
000000426377 Acreage' 0.10100 Over 65
MIDTOWN RESERVE PH 102, BLOCK a. LOT2S, ACRES Veteran
0.101 Installrnant Code
TOLEDO BEND DR
Taxes Penalties Payments
119.90 0.00 0.00
No
No
N
Due Feb. 2021 Due Mar. 2021 Due Aar. 2021
Del. P&I Duo Del. P&I Due Del_ P&I Due
8.39 128.29 10.79 130.59 13. t 9 133.09
e aSe00426379 Acreage: 0.11)100 Over 05
MIDTOWN RESERVE PH 102. BLOCK 4, LOT 27, ACRES Ve1e an
O .101 Ins:ellmeni Cade
TOLEDO BEND DR
Taxes Penalties Payments
119.90 0.0D 0.00
Na
Na
N
Due Feb, 2021 Due Mar. 2021 Due Apr. 2021
Del. P81 Due Del. Pal Due Del. Pal Due
8.39 128.2E 10,79 130.69 13.19 133.09
00000D426383 Acreage:0,10100 Over 65
MIDTOWN RESERVE PH 102, BLOCK d. LOT 31. ACRES Veteran
0.101 Installment Code
TOLEDO BEND DR
Taxes Penalties Payments
119,90 0.00 0.00
No
No
N
Due Feb. 2021 Due Mar. 2021 Due Apr. 2021
Del. P&I Due Del, P8i Due Del. P&I Due
8.39 128.2 8 10.79 130.69 13.1E 133.09
000000426565 Parana: 0.1 D100 Over 65
MI DTOv4N RESERVE PH 102, BLOCK 4, LOT 33, AC R ES Veteran
0.101 Installment Cude
TOLEDO BEND DR
Taxes Penalties Payments
119.9D 0.00 0.00
Na
hlo
Due Feb. 2021 Due Mar. 2021 Due Aor. 2021
Del. P&1 Due Del. P&1 Due Del. P81 Due
8.39 128.29 10.79 130.69 13,19 133.0E
Report Prepared by B&A Municipal Tex
v,ww.bemunitex.com
Jurisdiction_ MD2
ROCK PRAIRIE MANAGEMENT OISTRtCT NO, 2
Delinquent Tax moll
As of 212812021
Page 7
31212021
8:12 AM
Account Na/Name/Address
41380010240340
CONTINENTAL HOMES OF TEXAS LP
$61.5 SW H K DODGEN LOOP
TEMPLE, TX 75502-1021
Year Strut Date De/g Date coda
2020 10/1/2020 21212021
41380010240350
CONTINENTAL HOMES OF TEXAS LP
3515 SW H K DODGEN LOOP
TEMPLE, TX 76502-1 D21
Year Slrrlt Date Delq Date Corte
2020 10/112020 212/2021
41380510240360
CONTINENTAL HOMES OF TEYAS 1p
3515 SW H K DODGEN LOOP
TEMPLE, TX 76502-1021
Year Stmt Date DEO Date Code
2020 10/1 /2020 212 021
41380010240370
CONTINENTAL HOMES OF TEXAS LP
3515 S41i1 H K DODGEN LOOP
TEMPLE. TX 79502-1027
Year Stmt Date Delpp Date Coda
2020 10/1/2020 212(2021
4113800102403813
CONTINENTAL HOMES OF TEXAS LP
3515 SW H K DODGEN LOOP
TEMPLE, TX 76502-1021
Year Simi Date Daly Date Code
2020 10(1/2020 212/2021
41380010240390
CONTINENTAL HOPES OF TEXAS LP
3513 SW H K DOOGEN LOOP
TEMPLE, TX 78502-1021
Year Stmt Date Delp Date Code
2020 10/1/2020 2102021
41360010250270
CONTINENTAL HOMES OF TEXAS LP
3515 SW H K DODGEN LOOP
TEMPLE, TX 76502-1021
Year Strni Date Dela Date Code
2020 10l1 /2020 2/2/2021
121.43 0.00
Cad Ho/Property Descr.
0D0c00426 Acreage: 0.10 r DC Over E5
MIDTOWN RESERVE Pli 102, BLOCK 4, LOT 34, ACRES Valaran
0.101 Installment Code
TOLEDO REND DR
Taxes
119.90
PenaItie.a Pa ants
0.0➢ 0.00
Due Feb. 2021
Del. P&I Flue
8_39 128.29
No
No
N
Due Mar. 2021
Del. P&I Due
10.79 130.69
000000426397 Acreage:0.10050 Over 65
MIDTOWN RESERVE PH 102, BLOCK 4, LOT 35. ACRES Veteran
0.1008 Installment Cade
TOLEDO BEND DR
Taxes Penalties Payments
119.90 0.00 0.00
No
No
Due Feb, 2021 Due Mar, 2021
Del. P I Due Del. P&I Rua
6.39 128.29 10.79 130,69
000000426388 Acreage: 0,09010 Over 65
MIDTOWN RESERVE PH 102, BLOCK4, LOT38 ACRES Veteran
0,0997 Installment Code
TOLEDO BEND DR
14o
#J4
tJ
Due Aar. 2021
Del. PAI Due
13.19 133_09
Due Apr, 2021
Del. P&1 Due
13.19 133.09
Due Feb. 2021 Due Mar. 2021 Due Anr. 2021
Taxes Penalties Pavrrents Del. P&1 Due Del. P&I Due Del. P&1 Due
119.90 0,00 0.00 6.39 128.29 10.79 130.69 13.19 133.09
000090420359 Acreage 0,09710 Over65
MIDTOVVN RESERVE PH 102, BLOCK 4, LOT 37, ACRES Veteran
0.0971 tnstallment Code
TOLEDO BEND DR
Taxes
119.90
Penalties Payments
0.od o.00
No
No
N
Due Feb_ 2021 Due Mar. 2021 Due Apr, 2021
Del_ P&l Due Def. P&I Dee Del. P&1 Due
8.39 128.29 10.79 130.69 13.19 133.09
000000426390 Acreage: 0.00230 over 65
MIDTOWN RESERVE PH 102, BLOCK 4. LOT 38, ACRES Verberen
0.0923 Installment Coda
TOLEDO BEND DR
Due Feb. 2021
Taxes Penalties Payments Del. P&1 Due
0.00 8.50 129.93
No
No
N
Due Mar. 2021 Due Apr. 2021
Del. P&I Due Dal. P&1 Due
10.93 132.36 13.36 134.79
000000426321 Ac, reage: 0.08020 Over 65
MIDTOWN RESERVE PH 102, BLOCK 4, LOT 39, ACRES Veteran
0 0882 Installment Code
TOLEDO BEND DR
Na
No
N
Dire Feb. 2021 Due Mar. 2021 Due Aar. 2021
Taxes Penalties Paymgrats Del. P&I Due Del. P&I Due Del. P&l Due
121.43 0.00 0.00 8.50 129.93 10.93 132.36 13.38 134.79
00000042639E Acreage: 0.10100 Over 65
MIDTOWN RESERVE PH 102. BLOCK5, LOT 27,ACRES Veteran
0,101 Insl6l [merit Code
TOLEDO BEND OR
Taxes Penalties Payments
119.90 0.00 ODD
No
ND
N
Due Feb. 2021 Due Mar. 2021 Due Apr- 2021
Del. P& I Due Del. P&I Due Del. P&I Due
8.39 128.29 10.79 130.69 13.19 133.09
Report Prepared by MLA Municipal Tax
www.namunitax.com
Jurisdiction_ MD2
ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2 Page 8
Delinquent Tax Roil 312/2021
As of 2J28i2021 3:12 AM
Account No/Name/Address Cad No/Pro rty Descr.
413L ov , Li:*v a u•r 000000425599 Acreage: 0.1010D Over 05 NO
CONTINENTAL HOMES OF TEXAS LP MIDTOWN RESERVE PH 102, BLOCK 5, LOT 30. ACRES Veteran NO
3515 SW H K DODGEN LOOP 0 10t Instilment Coda N
TEMPLE, TX 76502-1021
TOLEDO VEND DR
Due Feb. 2021 Due Mar. 2021 Due Aor. 2021
Year Stint Date Delq Date Cade Taxes Penalties Payments Del. P&1 Due Del. P&I Due Del. Pal Duq
2020 10/1/2020 202021 119.90 0.00 0.00 8.39 12829 10.79 130.69 13.19 133.09
41360010260310 000000425.1100 Acreage: D.10100 Over 66 No
OONTINENTAL HOMES OF TEXAS LP MIDTOWN RESERVE PH 102. BLOCK 5. LOT3i,ACRES Velum No
3$1 S SW H K DODGEM LOOP 0.101 Installment Code N
TEMPLE, TX 76502-1021
TOLEDO BEND DR
Due Feb. 2021 Due Mar, 2021 Due Abr, 2021
Year Stmt Date Dergpate Code Taxes Penalties Payments Del. P&I Due Del. P81 Due Del. P8I Due
2020 10/1/2020 2i212D'21 119.90 0.00 0,00 8.39 128.29 10.79 130.69 13.19 133.09
413110010250410 000005426410 Acreege:0,10100 Overe8 Na
CONTINENTAL HOMES OF TEXAS LP MIDTOWN RESERVE PH 102, BLOCK 5, LOT 41, ACRES Veteran Nc
3515 SW H K DODGEN LOOP 0.101 Installment Code N
TEMPLE. TX 76502-1021
TOLEDO BEND DR
Due Feb. 2021 Due Mar. 2021 Due Aor. 2021
Year Stint Date Delqq Date code Taxes Penalties Payments Del. P&1 Due Del. P81 Due Del. P8i Due.
2020 1011/2020 2/2/2021 119,90 0.00 0.00 8.39 128.29 10.79 130.69 13.19 133.09
413900i0250430 000000426412 Acreage:0_10100 Over 65 No
CONTINENTAL HOMES OF TEXAS LP MIDTOWN RESERVE PH 102, BLOCK 5, LOT 43. ACRES Veteran No
3515 SW H K DODGEM LOOP 0,101 Installment Code r
TEMPLE, TX 76502-1021
TOLEDO BEND DR
Due Feb. 2021 Due Mar. 2021 Due Aor, 2021
Year Stint Date Delq Date Cade Taxes Penalties Payments Del. P&I Due Del, P&1 Due Del. P&l Due
2020 1011J2020 212+2021 119_90 0,00 0.00 B.39 128.29 10.79 130.69 13.19 133.09
41380010250444 000000425413 Acreage. D.10100 Over 65 No
CONTINENTAL HOMES OF TEXAS LP MIDTOWN RESERVE PH 1 D2, BLOCK 5, LOT 44, ACRES Veteran No
3516 SW H K DODGEN LOOP 0.101 Irslatlment Coda N
TEMPLE, TX 76602-1021
TOLEDO BEND DR
Due Feb, 2021 Due Mar. 2021 Due Apr. 2021
Year Stmt Date Delp pile Code Taxes Penalties Pavrrkents L7ef. Pal Due Del. P8d Due Del. P&i Due
2020 10/112020 2/2/20 1 119.90 0.00 0.00 8.39 128.29 10.79 130.69 13.19 133.09
41380e10750450 000000426414 Acreage:0,10100 01Ier55 No
CONTINENTAL HOMES OF TEXAS LP MIDTOWN RESERVE PH 1CY2, BLOCK 5, LOT45, ACRES Veteran No
3515 SW H K DODGEN LOOP 0,101 Installment Code N
TEMPLE, TX 76562-1021
TOLEDO BEND DR
Due Feb, 2021 Due Mar. 2021 Due Aor, 2021
Year Stint Date Delqq Date Goie Taxes Penalties Payments Del_ P&I Due Del, P&t Due Del. P&I Dua
2020 10/112020 2/212021 119.90 0.00 0.00 8.39 128.29 10.79 130.69 13_19 133.09
4.13800110250450 000000426415 Acreage: 0,12810 Over65 No
CONTINENTAL HOMES OF TEXAS LP MIDTOWN RESERVE PH 102. BLOCKS, LOT 46,ACRES Veteran No
5515 SW 11 K DODGEN LOOP .1281 Installment Code N
TEMPLE, TX 76502-1021
Year Stmt Date Dellaq Date Code
2020 1011 /2020 212/2021
TOLEDO BEND DR
Tawas Pen&iV
119.90 ddDO
Due Feb. 2021 Due Mar. 2021 Due Anr. 2021
Payments Del. P$l Due Del. P8,1 Due Del. P&l Due.
0.00 8.39 128.29 10.79 130.69 13.19 133.09
Report Prripara 1 by B&k Mun rppai Tax
www.bamuniiax.com
Jurisdiction: MD2
ROCK PRAIRIE MANAGEMENT DISTRICT NO, 2
Delinquent Tax Roll
As of 2128/2621
Page 9
312/2021
8:12 AM
Account NO/Name/Address
41360020170010
CONTINENTAL HOMES OF TEXAS LP
3515 $W H K DODGEN LOOP
TEMPLE, TX 76502-1021
Year Stmt Date Delp Date Code
2020 1 Rf1 /2020 2/2/7021
413,80020110020
CONTINENTAL HOMES OF TEXAS LP
3515 SW H K DODGEN LOOP
TEMPLE. TX 70502-1021
Year Stmt Date Delp Dale Code
2020 1011/2020 2/212021
41380020170030
CONTINENTAL HOMES OF TEXAS LP
3515 SW H K DODGEN LOOP
TEMPLE, TX 76502-1021
Year Stmt Date Delo Date Code
2020 10/1/2020 2/2/2021
41380020/70040
CONTINENTAL HOMES OF TEXAS LP
3515 SW H K DODGEN LOOP
TEMPLE, TX 76502-1021
Year Stml Date Delp Date Code
2020 10/1/2020 2/2/2021
41300020170000
CONTINENTAL HOMES Of TEXAS LP
3S I S SW H K UODOEN LOOP
TEMPLE, TX76502-1021
Year Stml Date Delp Date Cade
2020 10i112020 2/2/2021
41380020170080
CONTINENTAL HOMES OF TEXAS LP
3515 SW H K DODGEM LOOP
TEMPLE, TX 70502-1021
Year Stmt Date Delp Date 0000
2020 10/112020 2/2/2021
41300020170070
CONTINENTAL HOMES OF TEXAS LP
3515 SW 11 K DODGEN LOOP
TEMPLE, TX 76502-1021
Year Stmt Date Delp Date CoCe
2020 10/112020 2/2/2021
Gad No/Property Descr.
000000427437 Acreage 0.10500 Over 65
MIDTOWN RESERVE PH 200, BLOCK 17, LOT 1, ACRES Veteran
0.105 Insia1Imarlt Cade
AMISTAD LOOP
No
No
N
Due Feb. 2021 Due Mar. 2021 Due Aar. 2021
Taxes Penalties Payments Del. P&I Due Del. P&l Due Del, P&I Due
125.00 0.00 0.00 8.75 133.75 11.25 136.25 13.75 138.75
000000427430 Acreage. 0,11ono Over 65
MIDTOWN RESERVE PH 200, BLOCK 17, LOT 2, ACRES Veteran
0.11 Installment Crude
AMISTAD LOOP
N4
No
Due Feb. 2021 Due Mar. 2021 Due Apr. 2021
Taxes Penalties Payments Del. P&I Due Del. P&l Due Del. P&I Due
125.00 0.00 0.00 8.75 133,75 11.25 136.25 13.75 138.75
000000427430 Acreage:0.11700 0Ver05
MIDTOWN RESERVE PH 200. BLOCK 17, LOT 3, ACRES Veteran
0,117 Installment Code
AMISTAD LOOP
No
No
N
Due Feb. 2021 Due Mar. 2021 Due Apr, 2021
Taxes Penalties Payments Del. P&t Due Del. P&I Due Del. Pal Due
125.00 0.00 0.00 8.75 133.75 11.25 135.25 13.75 138.75
000D00427'I4D Acreage' 0.11550 Ovor 65
MIDTOWN RESERVE PH 200, BLOCK 17, LOT 4, ACRES Veteran
0.1156 Installment Code
AMISTAD LOOP
No
No
N
Due Feb, 2021 Due Mar, 2021 Due Apr. 2021
Taxes Penalties Payments Def. P&I Due Del. Pal Due Del. P&l Due
125.00 0.00 0.00 8.75 133.75 11.25 138 25 13.75 138.75
C03000427441 Acreage: 0.11200 Over 85
MIDTOWN RESERVE PH 200, BLOCK 17, LOT 5, ACRES Veteran
0,112 Installment Cade
AMISTAD LOOP
No
No
M
Due Feb. 2021 Due Mar. 2021 Due Anr. 2021
Taxes Penalties Pavrrkents Del_ P&I Due Del. P&I Due Dal. P&I Due
125.00 0.00 0.00 8.75 133.75 11.25 136.25 13.75 138.75
000000427442 Acreage: 0.12300 Over 65
MIDTOWN RESERVE PH 200, BLOCK 17. LOT 6, ACRES Veteran
0.123 Irslarlmanl Gotha
AMISTAD LOOP
No
No
Due Feb. 2021 Due Mar. 2021
Taxes Penalties Payments Del. P&I Due Del. Pal Due
125.00 0.00 0.00 8.75 133.75 11.25 136.25
000000427443 Acreage: 0.10200 Over 65
MIDTOWN RESERVE PH 2D0, BLOCK 17, LOT7, ACRES Veteran
0.102 Installment Dade
AMMSTAD LOOP
Due Feb. 2021
Taxes Penalties Payments Del. P&l Due
125.00 0.00 0.00 8.75 133.75
M4
Na
hr
Dueieior, 2021
Del_ P l Due
13.75 138.75
Due Mar. 2021 Due Aor. 2021
Del. P&I Due Del. P&I Due
11.25 135,25 13.75 136.75
Report Prepared by t3&A Municipal Tax
wew.bamunllax.com
Jurisdiction: MD2
ROCK PRAIRIE MANAGEMENT DISTRICT NJO.2
Delinquent Tax Roll
As of 2128f2021
Page 10
31212021
8;12 AM
Account No/Name/Address
41350020170030
CONTINENTAL HOMES OF TEXAS LP
3515 SW H 1C DODGEM LOOP
TEMPLE, TX 78502-1021
Year SImt Date Delp Date Code
2020 10/1 /2020 21212021
41300020170090
CONTINENTAL HOMES OF TEXAS LP
515 SW H K D00GEN LOOP
TEMPLE, TX 76502-1021
Year Stmt Date Dell Date Code
2020 101112020 212i 021
41360020170100
CONTINENTAL HOMES OF TEXAS LP
3515 SW H K 0ODGEN LOOP
TEMPLE, TX 755D2-1021
Year Stmt Date Detqq Date Code
2020 101112020 2/2/2021
41380020170110
CONTINENTAL HOMES OF TEXAS LP
3515 SW H K DODGEN LOOP
TEMPLE. TX 76502-1021
Year Stmt Date Delp Date Code
2020 10)112020 212/2021
41380020170120
CONTINENTAL HOMES OF TEXAS LP
3015 SW H K DODOEN LOOP
TEMPLE, TX 755G2-1021
Year Stmt Date Dela Date Cade
2020 10/1/2020 21212021
41350020170130
CONTINENTAL HOMES OF TEXAS LP
3515 SW H K DODGEM LOOP
TEMPLE, TX 78502-1021
Year Stmt Date De1,p Date Code
2020 10/1)2020 212-12021
41080020170140
CONTINENTAL HOMES OF TEXAS LP
3515 SW I-1 K DODGEM LOOP
TEMPLE, TX 75502-1021
Year Stmt Dais Delg Dale Code
2020 10/112020 2+2/2021
Cad No/Property Descr.
opCO00427444 Acreage 0.10100 Over55
MIDTOWN RESERVE PH 200. BLOCK 17 LOT 8,ACRES Vete.•an
0.101 Installment Code
AMISTAD LOOP
No
No
N
Due Feb. 2021 Due Mar. 2021 Due Aor. 2021
Taxes Penallies Pavrrpents Del. P&I Due Del. P&l Due Del. P&I Due
125.00 0.00 0 00 8.75 433 75 11.25 136.25 13,75 138.75
000000427445 Acreage 0.161 00 Over 65
MIDTOWN RESERVE PH 200, BLOCKI7, LOT 9,ACRES Veteran
0.101 Installment Code
AMISTAD LOOP
No
No
N
Due Feb. 20.21 Due Mar. 2021 Due Aor. 2021
Taxes Penalties Payments Del. P&! Due Dal. P&I Due Del. P81 Due
125,00 0.00 0.00 8.75 133.75 11.25 136.25 13.75 138.75
000G00427445 Acreage: 0.1010D Over 65
MIDTOWN RESERVE PH 200, BLOCK 17. LOT 10, ACRE Veteran
0.101 Irsiellment Cade
AIMS IAD LOOP
Taxes Penalties P nts
125.00 0.00 0.00
N0
N0
N
Due Feb. 2021 Due Mar, 2021 Due ADr. 2021
Del. P&1 Due Del. P&I Due Del. P&I Due
8.75 133.75 11.25 136.25 13.75 138.75
00000C427447 Acreage:0.10100 Over ES
MIDTOWN RESERVE PH 200, BLOCK 17, LOT 11. ACRE; Ve;ergn
0.1131 Installment Oede
AMISTAD LOOP
No
No
N
Due Feb, 2021 Due Mar. 2021
Taxes Penalties Payments Del. P8l Due Del. P&I Due
125.00 0.00 0.00 8.75 133.75 11.25 136.25
060000427448 Acreage: 0,10100 Over 65
MIDTOWN RESERVE PH 2O0, BLOCK 17 I OT 12,ACHu. veteran
0.101 1:lslallmcnt Code
AMISTAD LOOP
No
No
N
Due Feb. 2021 Due Mar, 2021
Taxes Penalties Payments Del. P81 Due Del. P&I Due
125.00 0.00 0.00 B.75 133.75 11.25 138.25
000000427440 Acre2ge. 0.10100 Oyer 05
MII)rOWN RESERVE PH 200, BLOCK 17, LOT 13, ACRE. Veteran
0.101 Installment Cede
AIN!STAID LOOP
No
No
N
Due Aor. 2021
Del. P&I Due
13.75 138.75
Due Aar. 2021
Del. P8l Due
13.75 134,75
Due Feb, 2021 Due Mer, 2021 Due Apr. 2021
Taxes Penalties Payments Del. P&l Due Del. P&I Due Del. P81 Due,
125.00 0.00 0.00 8.75 133.75 11.25 136.25 13.75 138.75
000000497450 Acreage: 0.70100 Over 65
MIDTOWN RESERVE PH 200, BLOCK 17 LOT 14, ACRE Veteran
0,101 Installment Cade
AMISTAD LOOP
No
Na
N
Due Feb. 2021 Due Mar. 2021 Due Aar. 2021
Taxes Penalties Pa ants Del. P&I Due De!, P&I Due Del. P81 Due,
125.00 0.00 0.00 8.75 133.75 11,25 136.25 13.75 138.75
Repor, Prepared by BEA Municipal Tax
www.txamunilax.corn
Jurisdiction: MD2
ROCK PRAIRIE MANAGEMENT DISTRICT NO.2 Page 11
Delinquent Tax Roll 3I212021
As of 2i2a12021 8.12 Aldl
Account N&&Narn&lAddross Cad No/Property Dascr.
41380030170550 004004427451 Acreage:0.50100 Over'65 NO
CONTINENTAL HOMES OF TEXAS LP MIDTOWN RESERVE PH 2a0, BLOCK 17. LOT 15, ACREE Veteran No
3515 SW H K DDDGEN LOOP 0.101 Inslal Iment Code N
TEMPLE, TX 76502-1021
AMISTAD LOOP
Due Feb. 2021 Due Mar. 2021 Due Apr. 2021
Year Stmt Date Dela Date Code Taxes Penalties Payments Del. P&I Due Del. P&I Due Del, P&1 Due
2020 10I112020 2/212021 125.00 0.00 0,00 8.75 133.75 11.25 138.25 13.75 138,75
41360020170160 000000427452 Acreage: 0.0990C Over 55 Na
CONTINENTAL HOMES OF TEXAS Lp MIDTOWN RESERVE PH 200, BLOCK 17, LOT 16, AGREE Veteran No
2515 SW H IC DODGEM LOOP .4g9 Installment Cude N
TEMPLE, TX 76502-1021
AMISTAD LOOP
Due Feb. 2021 Due Mar, 2021 Due Aar, 2021
Year Stmt Date Delo Date Code Taxes Penalties Payments Del. P&I Due Del. P&1 Due Del. P&I Due
2020 10/1/2020 2/212021 125.00 0.00 0.00 8.75 133.75 11.25 136.25 13.75 138.75
413800201a0010 000000477459 Acreage: 0,10120 0var65 Na
CONTINENTAL HOMES OF TEXAS LP MIDTOWN RESERVE PH 200, BLOCK 1B, LOT1, ACRES Veteran No
3515 SW I4 K DODGER LOOP .1012 Installment Code N
TEMPLE, TX 75502-1421
AMISTAD LOOP
Due Feb. 2021 Due Mar. 2021 Due Apr. 2021
Year Stmt Date Detg Date Code Taxes Penalties Payments Dal. P&t Due Dal. P&l Due Dal. P&I Due
2020 1011/2020 2/212021 125.00 0.00 0.00 8.75 133.75 11.25 138.25 13.75 138.75
41380020180020 000000427400 Acreage:0.10100 Over65 No
CONTINENTAL HOMES OF TEXAS LP MIDTOWN RESERVE PH 200, BLOCK 1e, LOT 2, ACRES Veteran Na
3515 SW11 K DODGEM LOOP .101 lnstallment Cone N
TEMPLE, TX 76502-102 T
AMISTAD LOOP
Due Feb, 2021 Due Mar, 2021 Due Apr, 2021
Year Slrnt Date Delqq Date Code Taxes Penalties Payments Del P&I Due Del. P&l Due Del. P&I Due
2020 10/1/2020 212/2021 125.00 0.00 0.00 8.76 133.75 11.25 136.25 13.75 138,75
41280020180030 000000427461 Acreage: 0.10100 Over 55 No
CONTINENTAL HOMES OF TEXAS t.P MIDTOWN RESERVE PH 200, BLOCK 01, I DT 3, ACRLS Vemran No
3515 SW H K DODGEN LOOP 0.101 InStallmark Cade N
TEMPLE, TX 76542-1021
AMISTAD LOOP
Due Feb. 2021 Due Mar. 2021 Due Aar. 2021
Year Sim! Date Delq Date Cane Taxes Penalties Pastakents Del. P&I Due Del. P&I Due Del. P&l Due
2020 10l112020 2/212021 125.00 0,00 0.00 8.75 133.75 11.25 136.25 13.75 138.75
41380020180040 00004042(462 Acreage. 0.10100 OverE5 Na
CONTINENTAL HOMES OF TEXAS LP MIDTOWN RESEW' PH 200, BLOCK 10. LOT 4, ACRES Veteran No
5518 SW H K OODGEN LOOP 0.101 Inaba Ilment Code N
THOLE, E, TX 76542.1021
AMISTAD LOOP
Due Feb. 2021 Due Mar. 2021 Due Aar, 2021
Year Strnt Date Dallir Date Code Taxes Penalties Payments Del, P&I Due Del. P&I Due Del. P&I Due
2020 10/1/2020 2/2/2021 125.00 0.00 0.00 8.75 133.75 11.25 136.25 13.75 138.75
41380020180550 000040427462 Acreage: 0.10100 Over 05 No
CONTINENTAL HOMES OF TEXAS LP MIDTOWN RESERVE PH 204, BLOCK16, LOT5,ACRES Veteran No
3515 SW H K DODGEN LOOP 0.101 Installmeni Cede N
TEMPLE, TX 765r>2-1021
AMISTAD LOOP
Due Feb, 2021 Due Mar, 2021 Due Apr, 2021
Year Stmt Date De19 Dale Code Taxes Penalties Payments Del. Pal Due Del. P&1 Due Del. P&i Due
2020 10/112020 2/2/2021 125.00 0.00 0.00 8.75 133.75 11.25 136.25 13.75 138.75
Raport Praparad ay Bak Mt,nicipal Tax
w w.ba munitax.ojm
Jurisdiction: MD2
ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2 PAge 12
Delinquent Tax Roll 31212021
As of 212812021 8:12 AM
Account NoJNarnelAddress Cad No/Property Descr.
41360020180060 000000427464 Acreage; 0,10100 Over 65 Na
CONTINENTAL HOMES OF TEXAS LP MIDTOWN RESERVE PH 200, BLOCK 16 LOT 0 ACRES Veteran No
3515 SW H K DODGER LOOP 0 101 Installment Cade N
TEMPLE, TX 76502-1021
AMIS7A0 LOOP
Due Feb. 2021 Due Mar. 2021 Due Am, 2021
Year Stmt Date Delp Date Cone Taxes Penalties Pavrn nts Del. P&I Due Del. P&I Due Del- P&I Due_
2020 10l11202a 2/2/2021 125.00 0.00 DAO 8.75 133.75 11.25 138 25 13.75 138.75
41300020180070 000003427465 Acreage: 0.15109 Over 65 Ma
CONTINENTAL HOMES OF TEXAS LP MIDTOWN RESERVE PH 200, BLOCKI8, LOT 7,ACRES Veteran No
3515 SW H K DODGEM LOOP 0.101 Installment Code N
TEMPLE, TX 76502-1021
AMISTAD LOOP
Due Feb. 2021 Otte Mar. 2021 Due r. 2021
Year Stott Date Deb Dale Code Taxes Penalttes Payments Del. Pal Due Del. P&I Due Del. P&l Due
2020 10/1/2020 21212021 125.00 0,00 0.00 8.75 133.75 11.25 136.25 13.75 138.75
41380020180080 000000427466 Acreage. 0.11630 Over 05 No
CONTINENTAL HOMES OFTEXAE LP MIDTOWN RESERVE PH 200, BLOCK 15 LOT U.ACRES Veteran Na
3515SW H K DODGEN LOOP _1163 Installment Ocala N
TEMPLE, TX 75502-1021
AMISTAD LOOP
Due Feb. 2021 Due Mar. 2021 Due Apr. 2021
Year Strnt Date Deb Date Code Taxes Penalt:es Payments Del. P&I Due Del. P&I Due Del. Pad Due
2020 10/1/2020 212/'021 125 00 0.00 0.00 8.75 133.75 11.25 136.25 13.75 138.75
4.1300020190010 00050042(45( Acreage:0.10300 Over65 No
CONTJNENTAL HOMES OF TEXAS LP MIr]TOWN RESERVE PH 200. BLOCK 19, LOT 1, ACRES Veteran No
3515 SW H K DODGEN LOOP ,1o39 Installment Cade N
TEMPLE, TX 76502-1021
DOUBLE MOUN !AIN RD
Due Feb. 2021 Due Mar. 2021 Due Apr. 2021
Year Slmt Date Delqq Date Cede Taxes Penalties Payments Del. P81 Due Del. Pal Due Del, P&1 Due
2020 10/1/2020 212l2021 125.00 0.00 0.00 8.75 133.75 11.25 136.25 13.75 138.75
41360020150020 000000427408 Acreage: 0.09640 Over 65 No
CONTINENTAL HOMES OF TEXAS LP MIDTOWN RESERVE PH 200, BLOCK IS, LOT 2,ACRES Venn No
3515 SW H K DODGEN LOOP .0961 Installment Code N
TEMPLE, TX 76502-1021
DOUBLE MOUNTAIN RD
Due Feb, 2021 Due Mar. 2021 Due Aor. 2021
Year Stmt Date Delqq Date Code Taxes Penalties Pavmenls Del. KM Due Del. P&l Due Del. P&I Due.
2020 1011►2020 2/212021 125.00 0.00 0.00 8.75 133.75 11.25 136.25 13.75 138.75
41380020180090 000003e27469 Acreage: 0.09940 Over 55 No
CON IINENTAL HOMES OF TEXAS LP MIDTOWN RESERVE PH 20C. BLOCK 19, LOT 3, ACRES VeLerail Na
3515SW H K DODGEM LOOP .0964 Installment Cede N
TEMPLE, TX 713502-1021
DOUBLE MOUN 1AIN RD
Due Feb. 2021 Due Mar. 2021 Due Aor. 2021
Year Stunt Date DelQpate Code Taxes Penalties Pavrvewels Del P81 Due Del. P&t Due Del. P&I Due.
2020 10/1/2020 21212D21 125.00 0.00 D.i70 8.76 133.75 11.26 136.25 13.75 138.75
4190602018404O 000000427470 Acrea9e:0,09640 0ver65 No
CONTINFNTAL HOMES Of TEXAS LP MIDTOWN RESERVE PH 200, BLOCK lei, LOT 4,ACRES Veteran No
3515 SW H K DODGEN LOOP D264 Installment Code N
TEMPLE TX 75502-1021
DOUBLE MOUNTAIN RD
Due Feb. 2021 Due Mar. 2021 Due Aor. 2021
Year 5trrtt Date Detg Data Code Taxes Penalties Pavments Del. P81 Due Del. P&I Due Del. P&l Due
2020 1011I2020 212/2021 125.00 0.00 0.00 8.75 133.75 11.25 138.25 13.76 138.75
Report Prepared by B&A Municipal T$x
www, be mur itax,ccm
Jurisdiction: MD2
ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2
Delinquent Tax Roll
As of 2/28/2021
Page 13
3/202021
8:12 AM
Account NoiName/Address
41380020190050
CONTINENTAL HOMES OF TEXAS LP
3515 SW H K MOGEN LOOP
TEMPLE. TX 70502-1021
Year Stmt Date Del Date Cala
2020 10/1/2020 2/21202i
41380020190060
CONTINENTAL HOMES OF TEXAS LP
3515 SW H K DOLMEN LOOP
TEMPLE, TX 76502-1021
Year 8tm! Date Delp Date code
2020 10/112020 2/212021
41380420190074
CONTINENTAL HOMES OF TEXAS LP
351S H K DODGEM LOOP
TEMPLE. TX 73502-1021
Cad No1P ro perty Descr.
000000427471 Aiereage.0.09040 0yer85
MIDTOWN RESERVE Pi- 200 BLOCK 19. LOT 5 ACRES Veteran
0.0904 Installment Code
DOUBLE MOUNTAIN RC
Taxes Penalties Payments
125.00 0.00 0 00
No
No
N
Due Feb. 2021 Due Mar. 2021 Due Apr. 2021
Del. P&I Due Del. P&I Due Del, P&I Due
8.75 133.75 11.25 136.25 13.75 136.75
000000427472 Acreage: 0.09640 Over 65
MIDTOWN RESERVE PH 2130, BLOCK 19, LOT 6, ACRES Veteran
0.D$64 Installment Code
DOUBLE MOUNTAIN RD
Taxes Penalties Payments
125.00 0.00 0.00
No
No
Due Feb, 2021 Due Mar. 2021 Due Ayr 2021
Dol. P&1 Due Del. P&I Due Del. P&I Due
8.75 133.75 11.25 136.25 13.75 138.75
000000127473 Acreage: 0.00040 Over 65
MIDTOWN RESERVE PH 200, BLOCK 10, LOT7, ACRES Veterer
0,026q Installment Code
DOUBLE MOUNTAIN RD
Year Stmt Date Dek Date Code Taxes Pena€ties Payments
2020 10)1/2020 2(2 021 125.00 0.00 0.00
41384020194080
CONTINENTAL HOMES OF "1 EXAS LP
3615 SW N K DODGEM LOOP
TEMPLE, TX 73502-1021
Year Stmt Date De(p Date Co -do
2020 101112020 212021
Na
No
Due Feb. 2021 Due Mar. 2D21 Due Apr, 2021
Del. P&I Due Del. Nil Due Del P&l Due.
8.75 133.75 11.25 135.25 13.75 138.75
00000r7427474 Acreage: 0,12970 Over 65
MIDTOWN RESERVE PH 2O0, BLOCK 19, LOr S, ACRES Veteran.
_1297 Installment Code
DOUBLE MOM 1UN RD
Taxes Penalties
125.00 0.00
Payments
0.00
No
Na
N
Due Feb. 2021 Due Mar. 2021 Due Aar. 2021
Del. P&1 Due Del. P8l Due Del. P&I Due.
8.75 133.75 11.25 136.25 13.75 138.75
Jurisdiction Totals (excludes Rollback Accounts1
Year Tax Levy Base Taxes Due Penalties Due Del. P&l Due Attv Fee Due Escrow Amt Total Due Count % Collected
2017 19,962.78 0.00 0.00 0.00 0.00 0.00 0.00 0 100.00%
2018 42,461.25 0.00 0.00 0.00 0.00 0.00 0.00 0 100.0D%
2019 73,299.93 0.00 0.00 0.00 0,00 0.00 0.00 0 100.00%
v020 117.676.84 19.726.75 0.00 1380.78 0.00 0.00 21.107.53 88 83.24116,
19: 726.75 0.00 1 80.78 0.00 0.00 21,107.53 88
Jurisdiction Rollback Accounts Tot;
Year Tax Lowy Rase Taxes Due Penalties Due
2017 5,306.24 0,00 0,00
2016 5,305.09 0.00 0.00
0,00 0.00
Dal. P&I Due Attv Fee Due Escrow Amt Total Due Count
0.00 0.00 0.00 0.00 0 100.00%
0.00 0.00 0.00 0.00 0 100.00%
0.00 0.00 0.00 0.00 0
Report Prepared by B&A Municipal Tax
vrvrw. bemunila)r,opm
EXHIBIT "F"
EHRA
ENGINEERING THE FUTURE
SINCE 1936
ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2
ENGINEERING REPORT
MARCH 2021
TBPE No. F-726
TBPLS No. 10092300
Engineering Report, including:
a. Authorize the design and/or advertisement of bids for construction of facilities within the District and
approval of related storm water plans, including District.
1. Status of design of Lakeway Drive Reserve, Phase 200
No Update.
Board Action: None.
b. Authorize the award of/or concurrence in award of contracts for the construction of facilities within
the District, authorizing acceptance of Texas Ethics Commissions ("TEC") Form 1295 and approval
of any storm water permits.
Board Action: None.
EHRA Engineering 110011 Meadowglen Lane 1 Houston, Texas 770421 t 713.784.45001 f 713.784.4577
Rock Prairie Management District No. 2
March 2021
Page 2
c. Status of construction of facilities to serve land within the District, including the approval of any pay
estimates and change orders and authorize acceptance of TEC Form 1295, including:
1. Construction of on -site sanitary sewer trunk line by Greens Prairie Investors, Ltd.
Contractor Greens Prairie Investors, Ltd.
Contract Days 120 days
Approved Extensions 0 days
Contract Completion Date 8/30/2018
Date Annroved Comment
Contract Bid Amount $322,584.00 5/2/2018 Notice to Proceed Issued
Quantity Adjustment 553.337.331, 7/9/2020 Remove Dewatering
Total Contract Amount $269,246.67
Pay Request No. 1
Total Pay Requests
Remaining on Contract
5242.322.00
S242,322.00
7/9/2020
$26,924.67 10.00% of Contract Remaining
Construction is substantially complete.
Board Action: None.
2. Midtown Reserve, Phase 104 by Greens Prairie Investors, Ltd.
Contractor Greens Prairie Investors, Ltd.
Contract Days 160 days
Approved Extensions 0 days
Contract Completion Date
Contract Bid Amount 5471.655,50
Total Contract Amount S471,655.50
Total Pay Requests $0.00
Remaining on Contract $471,655.50
Construction is substantially complete.
Board Action: None.
Date Annroved Comment
Notice to Proceed Issued
100.00% of Contract Remaining
EHRA
ruin, I nninonrinn 11f1f111 AAo,dn *u,Ion I nno I IJniictnn Tov,e 77f1A7 I I. 717 712A ASflfl I 1717 752A Ac 7 ENGINEERING THE FUTURE
Rock Prairie Management District No. 2
March 2021
Page 3
3 Irrigation of Phase I Park Development by Green Teams, Inc.
Contractor
Contract Days
Approved Extensions
Contract Completion Date
Contract Bid Amount
Change Order No. 1
Change Order No. 2
Change Order No. 3
Total Contract Amount
Pay Request No. 1
Pay Request No. 2
Total Pay Requests
Remaining on Contract
Green Teams, Inc.
45
0
5/10/2020
$435,305.00
$5,760.00
$5,756.00
S16.400.00
$463,221.00
S231,304.50
S157.208.40
$388,512.90
$74,708.10
Construction is substantially complete.
Board Action: None.
days
days
Date Annroved
3/27/2020
9/10/2020
9/10/2020
9/10/2020
7/9/2020
9/10/2020
4. Midtown Reserve, Phase 105 by Greens Prairie Investors, Ltd.
Contractor
Contract Days
Approved Extensions
Contract Completion Date
Contract Bid Amount
Total Contract Amount
Total Pay Requests
Remaining on Contract
Greens Prairie Investors, Ltd.
150
0
10/4/2020
S1.961.787.50
S1,961,787.50
$0,00
$1,961,787.50
Construction is substantially complete.
Board Action: None.
days
days
Comment
Notice to Proceed Issued
Sleeves & Meter
Sieves & Irr. Heads
Bore Under Road
16.13% of Contract Remaining
Date Annroved
5/7/2020
Comment
Notice to Proceed Issued
100.00°/o of Contract Remaining
foolomN
EHRA
FI-ID6 Fnninnorinn 110011 knt, ,4nuinlon 1 3no 1 OntLertn Tovx 77l0A7 I t 712 7RA ACM I f 712 7PA AC77 ENGINEERING THE FUTUR
Rock Prairie Management District No. 2
March 2021
Page 4
5. Midtown Reserve, Phase 106 by Greens Prairie Investors, Ltd.
Contractor Greens Prairie Investors, Ltd.
Contract Days 160 days
Approved Extensions 0 days
Contract Completion Date
Contract Bid Amount SU84.947.80
Total Contract Amount $684,947.80
Total Pay Requests $0.00
Remaining on Contract $684,947.80
Board Action: None.
Date Annroved Comment
100.00% of Contract Remaining
d. Acceptance of site and/or easement conveyances for facilities to be constructed for the District and
acceptance of facilities for operation and maintenance purposes.
1. Special Warranty Deed from College Station Town Center, Inc. relative to detention pond site.
Board Action: Approve Special Warranty Deed.
e. Status of acceptance by the City of College Station, Texas for maintenance of streets.
1. Town Lake Drive, formerly Bird Pond Road.
Board Action: None.
EHRA
FI-IPA Fnninoorinn I 1 flfll l F Aocrinu,oIon I ono 1 IJnnctnn Tovoc 7711A7 I 1.71Q 7511 ACM I f 711 7RA ACT/ ENGINEERING THE FUTURE
EXHIBIT "G"
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF COLLEGE STATION AND
ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2
THE STATE OF TEXAS
COUNTY OF BRAZOS
THIS INTERLOCAL AGREEMENT ("Agreement") is by and between the CITY OF
COLLEGE STATION, TEXAS (the "City"), a municipal corporation and home -rule city located
in Brazos County, Texas, and ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2 (the
"District"), a political subdivision of the State of Texas created by an Act of the 83rd Texas
Legislature under the terms and provisions of Article III, Sections 52 and 52-a and Article XVI,
Section 59 of the Texas Constitution, and operating pursuant to Chapter 3909, Special District
Local Laws Code and Chapter 375, Texas Local Government Code, as amended. The City and the
District are collectively referred to herein as the "Parties," and each individually referred to as
"Party."
WHEREAS, the Parties are both political subdivisions of the State of Texas and are
authorized by the Interlocal Cooperation Act, Texas Government Code, Chapter 791, to enter into
a joint agreement for the performance of certain governmental functions or services; and
WHEREAS, the District is authorized by Chapter 3909, Special District Local Laws Code,
as amended (the "Act"), to promote the health, safety, welfare and enjoyment of the public by
providing, among other things, water, wastewater, drainage, parking, recreational and road
facilities; and
WHEREAS, the District was created to provide certain improvements and services to the
land and other property located therein, as well as to promote, develop, encourage and maintain
employment, commerce, transportation, housing, tourism, recreation, the arts, entertainment,
economic development, safety and the public welfare within the District; and
WHEREAS, the District is further authorized by the Act and the provisions of Chapter
375, Local Government Code, as amended, to undertake certain improvement projects, which may
consist of the construction, acquisition, improvement, relocation, operation, maintenance, or
provision of, among other things: landscaping; lighting, banners, and signs; streets and sidewalks;
pedestrian skywalks, crosswalks, and tunnels; marinas, pedestrian malls; parks, plazas, lakes,
rivers, bayous, ponds, and recreation and scenic areas; historic areas; fountains; works of art; and
other similar improvements; and
WHEREAS, each Party is authorized to individually perform certain governmental
functions and services related to public health and welfare and other governmental functions in
which the contracting Parties are mutually interested; and
WHEREAS, in furtherance of its purpose, the District or the District's developer will
construct dedicated park(s) on land within the boundaries of the District, and on any land that is
annexed into the boundaries of the District with the consent of the City; and
WHEREAS, the Park (hereinafter defined) will be developed by the District and/or the
District's developer and dedicated to the City through the standard development and dedication
process; and
WHEREAS, the Park will be maintained for the enjoyment and benefit of the residents of
the City, residents of the District and the general public (collectively, the `Benefited Parties"); and
WHEREAS, the District may also employ a person or company to actively program events
and activities in the Park; and
WHEREAS, the City and the District have determined that it is in the best interest of each
Party to enter into this Agreement pursuant to which the City and the District agree that the District
shall use, operate, and maintain the Park and the Park Facilities (hereinafter defined); and
NOW, THEREFORE for and in consideration of the mutual promises, covenants, and
benefits herein set forth; the City and the District do hereby contract and agree as follows:
GENERAL TERMS AND CONDITIONS
1. Incorporation of Recitals. The determinations recited and declared in the preambles to this
Agreement are hereby incorporated herein as part of this Agreement.
2. Term. The initial term of this Agreement is for ten (10) years after the Effective Date. This
Agreement, with the mutual written consent of both Parties may be renewed for two (2)
additional consecutive five (5) year terms for a total of (20) years.
3. Termination. Either Party may terminate this Agreement for cause or convenience after
providing the other Party 180 days' written notice.
4. Park Dedication. The District or District's developer will dedicate parkland as required per
the City's Unified Development Ordinance through the development process to include
neighborhood park(s) and/or community park(s), as generally depicted on Exhibit "A" attached
hereto and incorporated herein (collectively, the "Park"). All dedications will become public
parkland owned by the City. As required, all development plans, including amenities and
equipment, must be approved by the City.
5. Park Operation and Maintenance. (a) Subject to the terms and conditions set forth in this
Agreement, the City hereby grants to the District the right to operate and maintain the Park and
related facilities, and the District hereby agrees to operate and maintain the Park and related
facilities, including those recreational improvements and facilities permitted under the Act and
Chapter 375, Local Government Code, as amended (the "Park Facilities"). The City and
District agree that the "Park Facilities" shall include any water well constructed and operated
in the Park for irrigation purposes (the "Well"), including irrigation, filling and refilling of the
ponds and lakes in the Park, to serve the Park, Park Facilities and other recreational areas
within the District. The Parties agree that the District will operate the Well and have the right
to use the water produced from the Well in order to serve the Park, Park Facilities and other
recreational areas within the District at no additional cost to the District other than regulatory
permit fees associated therewith.
(b) The District agrees at its sole cost and expense (i) to perform the day-to-day operation and
maintenance of the Park and the Park Facilities, including, without limitation, seeding,
watering and maintenance of all landscaped areas, pruning and cutting all trees and shrubbery,
removing all trash and debris; and painting or other external care of all buildings and
improvements in a manner and with such frequency as is consistent with safety and good
property management, and to present at all times the appearance of a neat, attractive and well -
kept area, (ii) to keep the Park and the Park Facilities in good repair, (iii) to replace Park
Facilities worn by ordinary use with similar or upgraded facilities as reasonably necessary;
provided that such replacement costs do not exceed $50,000.00 (collectively, "Ordinary
Repairs and Maintenance"), and (iv) to contract with and determine consultants and vendors
necessary for the operation and maintenance described in this Agreement. The Park shall be
maintained to meet required City maintenance standards for City parks.
(c) The District shall be responsible for all Ordinary Repairs and Maintenance. The City must
approve, in writing, and prior to installation or replacement of any equipment installed in the
Park and the City must review and approve in writing the construction plans prior to
construction. Any changes to equipment during maintenance must be approved in writing by
the City.
(d) Any repairs, modifications or replacement of the Park and/or Park Facilities outside the
scope of the Ordinary Repairs and Maintenance (collectively, "Major Repairs") shall be shared
equally between the City and the District. The City must approve, in writing, any and all
repairs, modifications, or replacement of the Park and/or Park Facilities outside the scope of
Ordinary Repairs and Maintenance and prior to any such repair, modification, or replacement
being made. Notwithstanding the foregoing, any repair, maintenance and/or replacement of
the lake in the Park and the Well shall be solely the responsibility of the District.
(e) The City has the right to perform routine inspections of the Park and Park Facilities.
(f) The District agrees that it shall not perform any act or permit any activity that could
materially diminish the value of the Park or the Park Facilities. The District further agrees to
perform all acts necessary to preserve and protect the value of the Park and the Park Facilities
and to utilize the Park and the Park Facilities in furtherance of the provision of recreation and
beautification of the Park. The District agrees that all Park activity and programming shall be
conducted in a manner consistent and promotes the well-being of the City's citizens and the
general public.
6. Access to the Park and Park Facilities. The City hereby grants to the District, its
representatives, contractors, agents and employees, a non-exclusive easement in and to the
Park and the Park Facilities for the purpose of performing its obligations under this Agreement.
The Park shall be open to the Benefited Parties for outdoor recreational purposes, and the
District shall not restrict access to the Park or the Park Facilities or the use thereof on the basis
of race, color, sex, national origin, or location of residence.
7. Park Programming. If necessary, the District at its sole cost will design and implement Park
programming for the Park and coordinate for City approval. Any event shall meet all City
ordinances and/or County ordinances, including but not limited to, any requirement for a
special event permit.
8. Park Revenue. The District shall have the right to receive any and all revenues collected from
all District programming and activities held at the Park and Park Facilities. All revenue
received from District Park programs shall only be expended for Park purposes. The District
upon written request shall provide the City within thirty (30) days an accounting of all funds
received and spent from District Park Programming. District shall establish and maintain a
reasonable accounting system that enables City to readily identify revenue and costs associated
with Park programs. City shall have the right to audit, to examine, and to make copies of all
financial and related records pertaining to this Agreement. If the audit discovers substantive
findings related to fraud, misrepresentation, or non-performance, City may terminate this
Agreement with seven (7) days written notice and recoup the costs of the audit work from the
District.
9. Insurance. The District shall, at its sole cost and expense, procure and maintain, during the
term of this Agreement, comprehensive general public liability insurance against claims for
personal injury, death, or property damage occurring in, upon, or about the Park and the Park
Facilities or relating to or arising out of the construction, operation, maintenance, or
management of the Park and the Park Facilities. The types and amounts of coverage shall be
comparable to those maintained by the City or the District for other parks it owns or operates,
and shall be sufficient to fully cover the replacement value of the Park Facilities. The City shall
be named as an additional insured therein and shall be provided with proof of such insurance
upon execution of this Agreement and subsequently upon request. The District shall provide
the City with thirty (30) days prior written notice of any amendment to or cancellation of any
insurance policy.
10. Indemnification. Subject to the limitations as to damages and liability under the Texas Tort
Claims Act, and without waiving its governmental immunity, the City and District agree to
hold harmless the other Party, its governing board, officers, agents and employees for any
liability, loss, damages, claims or causes of action caused, or asserted to be caused, directly or
indirectly by the other Party, or any of its officers, agents or employees as a result of its
performance under this Agreement.
11. Amendment. The terms and conditions of this Agreement may be amended upon the mutual
written consent of both Parties. Mutual consent will be demonstrated approval of the
governing body of each Party hereto. No modification to this Agreement shall be effective
and binding unless and until it is reduced to writing and signed by duly authorized
representatives of both Parties.
12. Utilities for the Park and Park Facilities. The District shall pay, or cause to be paid the cost of
all utilities furnished to the Park and the Park Facilities, including but not limited to, electricity,
gas, water, sewer and telephone and internet services. The District reserves the right to contest
the validity or amount of any such utilities, and defer payment of any amounts disputed in good
faith pending such contest.
13. No Assignment. Except as otherwise provided below, this Agreement may not be assigned by
either Party hereto without the prior written consent of the non -assigning Party.
14. Choice of Law and Venue. This Agreement is governed in accordance with the laws of the
State of Texas. Venue shall be in Brazos County, Texas.
15. Severabil ity. In the event any one or more of the provisions contained in this Agreement shall
for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect the other provisions, and in lieu of each provision
that is invalid, illegal or unenforceable, there shall be added a new provision to this Agreement
as similar in terms to such invalid, illegal, or unenforceable provision as may be possible and
yet be valid, legal and enforceable, by means of good faith negotiation by the Parties to this
Agreement or by reform by a court of competent jurisdiction.
16. Waiver. Failure of any Party, at any time, to enforce a provision of this Agreement, in no way
constitutes a waiver of that provision, nor in anyway affects the validity of this Agreement,
any part of this Agreement, or the right of the Party thereafter to enforce each and every
provision of this Agreement. No term of this Agreement will be deemed waived or breach
excused unless such waiver is in writing and signed by the Party claiming to have waived.
Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of
or excuse of any other different or subsequent breach.
17. 1lcadinQs. The section headings of this Agreement are for convenience and shall neither
amplify nor detract from the text of this Agreement.
18. No Third Party Beneficiaries. This Agreement is not intended to create and does not create
any rights in or benefits to any third party. The City and District will act independently in
carrying out their respective obligations under this Agreement, and neither Party confers any
rights or assumes any responsibility to a third party in connection with this Agreement.
19. Relation of Parties. It is the intention of the Parties that District is independent of the City and
not an employee, agent, joint venturer, or partner of City and nothing in this Agreement shall
be interpreted or construed as creating or establishing the relationship of employer and
employee, agent, joint venturer or partner, between District and City or City and any of the
District's representatives.
20. Notice. Notice which shall or may be given in accordance with the terms of this Agreement,
shall be in writing and shall be hand delivered by expedited delivery service with proof of
delivery, sent by United States mail, registered or certified, adequate postage prepaid, return
receipt requested, or by electronic transmission, addressed to the following Parties:
If to the City:
If to the District:
City of College Station
Economic Development Department
P.O. Box 9960
College Station, TX 77842-9960Telephone: 979-764-3423
Email address: anettles(c xstx.aov
Rock Prairie Management District No. 2
c/o Schwartz, Page & Harding, L.L.P.
1300 Post Oak Boulevard, Suite 1400
Houston, Texas 77056
Attn: President, Board of Directors
Telephone: (713) 623-4531
Email address: ccole(a,,sDhi In.com
Each Party shall have the right to change its address for purposes of notice and to substitute
the parties to receive copies of such notice, by giving notice as provided in this Section. Each
notice given under this Agreement shall be deemed received and effective on the third (3rd)
day after deposit in the U.S. mail, if mailed; upon actual delivery, if hand delivered; or upon
confirmation of receipt thereof if sent by electronic transmission.
21. Entire Agreement. It is understood that this Agreement contains the entire agreement between
the parties and supersedes any and all prior agreements, arrangements, or understandings
between the parties relating to the subject matter. No oral understandings, statements,
promises, or inducements contrary to the terms of this Agreement exist. This Agreement
cannot be changed or terminated orally.
[SIGNATURES COMMENCE ON FOLLOWING PAGE]
IN WITNESS WHEREOF, this Agreement has been executed in multiple counterparts,
each of equal dignity, as of the Effective Date.
THE CITY OF COLLEGE STATION, TEXAS
Mayor
ATTEST/SEAL:
City Secretary
APPROVED AS TO FORM:
City Attorney
STATE OF TEXAS
COUNTY OF BRAZOS
This instrument was acknowledged on , 2021, by
of City of College Station,
Texas, on behalf of the City.
Notary Public, State of Texas
ROCK PRAIRIE MANAGEMENT
DISTRICT NO. 2
By:
STATE OF TEXAS
§
COUNTY OF BRAZOS §
Uri Geva
President, Board of Directors
This instrument was acknowledged before me on this day of ,
2021, by Uri Geva, President of the Board of Directors of Rock Prairie Management District No.
2, a political subdivision of the State of Texas, on behalf of said political subdivision.
Notary Public, State of Texas
AFTER RECORDING RETURN TO:
Rock Prairie Management District No. 2
c/o Schwartz, Page & Harding, L.L.P.
1300 Post Oak Boulevard, Suite 1400
Houston, Texas 77056
EXHIBIT "A"
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MIDTOWN RESERVE SUBDIVISION
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