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Home My WebLink About12/10/2020 - Regular Agenda - Archived Posting - Rock Prairie Management District No. 2ROCK PRAIRIE MANAGEMENT DISTRICT NO. 2 NOTICE OF PUBLIC MEETING VIA TELEPHONE CONFERENCE CALL Notice is hereby given to all interested members of the public that the Board of Directors of the above captioned District will hold a regular public meeting 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. The telephone conference call phone number is 1-877-304-9269 and the access code is 408223#. All members of the public may participate in the meeting via telephone conference call. The meeting will be held on Thursday, December 10, 2020, at 2:00 p.m. The City Council of College Station, Texas may or may not attend the Public Meeting. The Board shall consider and discuss the following matters and take any action appropriate with respect to such matters: 1. Call to order, including explanation of telephone conference call meeting procedures; 2. Public comments; 3. Review and approve minutes of the October 8, 2020, Board of Directors meeting; 4. Bookkeeper's Report and authorizing the payment of invoices presented; 5. Tax Assessor/Collector's Report; 6. Engineering Report, including: a. Authorizing the design and/or advertisement for bids for construction of facilities within the District, approving of related storm water plans, including: 1) Status of design of Lakeway Drive Reserve Phase 200; b. Authorizing the award of or concurrence in award of contracts for the construction of facilities within the District, authorizing acceptance of TEC Form 1295, and approval of any storm water permits; c. Status of construction of facilities to serve land within the District, including the approval of any pay estimates and/or change orders and authorize acceptance of Form 1295, including: 1) Construction of onsite sanitary sewer trunk line by Greens Prairie Investors, Ltd.; 2) Construction of water, sanitary sewer, drainage and paving facilities for Midtown Reserve Phase 104 by Greens Prairie Investors, Ltd.; 3) Irrigation for Phase I Park Development by Green Teams, Inc.; 4) Landscape for Phase I Park Development by Greener Images, Inc.; and 5) Construction of water, sanitary sewer and drainage facilities for Midtown Reserve Subdivision Phase 105, by Greens Prairie Investors, Ltd.; - 2 - 571904 d. Acceptance of site and/or easement conveyances for facilities constructed or to be constructed for the District, and acceptance of facilities for operation and maintenance purposes, including: 1) Conveyance and Bill of Sale of Utility Facilities relative to water, sanitary sewer and drainage facilities for Midtown City Center Phase 301; e. Status of acceptance by the City of College Station ("City") of streets for maintenance, including: 1) Town Lake Drive, formerly Bird Pond Road; and f. Presentation of feasibility study in connection with annexation of an approximately 33.342 acre tract into the District; 7. Review and approval of Summary of Costs in connection with the District's $1,100,000 Unlimited Tax Road Bonds, Series 2021 ("Bonds"), and take the following actions related to the Bonds: a. Approval of pre-audit relative to the payment of the proceeds of the Bonds; b. Consider the engagement of disclosure counsel; adoption of the Resolution Approving Contingent Fee Contract for Legal Services pursuant to Exhibit "A" attached hereto; c. Status of consent by the City in connection with the issuance of the Bonds; d. Review and approve Preliminary Official Statement and Official Notice of Sale; e. Authorize the District's financial advisor to advertise for the sale of the Bonds; f. Approval of designation of Paying Agent/Registrar; g. Approval and execution of Agreements to Provide Certain Information with College Station Town Center, Inc. and College Station Downtown Residential, LLC pursuant to SEC Rule 15c2-12; and h. Authorize bookkeeper to issue wire for Attorney General’s fees; 8. Developer's Report, including request by College Station Downtown Residential, LLC, for the annexation of 33.342 acres of land into the boundaries of the District, including approval of Petition for Consent to Addition of Land to the District, and authorize submission of same to the City; 9. Status of Interlocal Agreement between the District and City regarding operation and maintenance of park and recreational facilities in the District and discussion regarding establishing standards for developing and maintaining park and recreational facilities; 10. Adoption of Order Establishing Meeting Place Inside the District; 11. Attorney's Report; and - 3 - 571904 12. Matters for possible placement on future agendas. SCHWARTZ, PAGE & HARDING, L.L.P. /s/ Christina Cole By: ________________________________ Christina Cole Attorneys for the District Persons with disabilities who plan to attend this meeting and would like to request auxiliary aids or services are requested to contact the District's attorney at (713) 623-4531 at least three business days prior to the meeting so that appropriate arrangements can be made. EXHIBIT "A" Notice of Contingent Fee Legal Services Contract Rock Prairie Manangement District No. 2 (the "District") requires the assistance of outside legal counsel in carrying out its responsibilities related to the issuance of the District's municipal securities and other related matters from time to time. Pursuant to Section 2254.102(e) of the Texas Government Code, as amended (the "Contingent Fee Act"), the District is required to provide written notice to the public stating certain criteria in connection with the engagement of legal counsel to be paid in accordance with a contingent fee legal services agreement (the "Contract"). This notice is given in accordance with the Contingent Fee Act. This notice relates to the engagement of McCall, Parkhurst & Horton L.L.P. ("Outside Counsel") as disclosure counsel to the District. The District is pursuing the issuance and sale of municipal securities and may pursue other debt obligations from time to time. In that regard, the District requires the representation of Outside Counsel for the purpose of providing legal representation to the District in the area of federal securities law pertaining to the issuance of such public securities, and for achieving an efficient and lawful issuance of municipal securities and other debt obligations by the District from time to time. Outside Counsel is a well-qualified law firm with more than 100 years of experience and has represented numerous entities similar to the District in matters relevant to the Contract. The District has not engaged Outside Counsel for previous matters. The District cannot adequately perform the legal services with attorneys and supporting personnel of the District because the District does not employ in-house counsel and, due to the state law complexity and federal law intricacies relating to the issuance of public securities, engagement of Outside Counsel is necessary for the issuance of municipal securities. The District has found that the attorneys or law firms with experience in matters relevant to the Contract do not perform their legal services on an hourly basis; rather, such attorneys and law firms are engaged and are paid only to the extent such attorney or law firm completes the matters relevant to the Contract on behalf of the District. It is in the best interest of the residents and taxpayers and/or ratepayers of the District for the District to engage Outside Counsel on a contingency basis because of the nature of the transaction for which the legal services will be obtained, and, moreover, the District wishes to preserve its right to discontinue the transaction that is the subject of the Contract for any reason (financial or otherwise) at no expense to the District.