MINUTES HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 82. April 27, 2015

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1 MINUTES HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 82 April 27, 2015 The Board of Directors (the "Board") of Harris County Municipal Utility District No. 82 (the "District") met in regular session, open to the public, on April 27, 2015, outside the boundaries of the District, at the offices of Allen Boone Humphries Robinson LLP, 3200 Southwest Freeway, Suite 2600, Houston, Texas, and the roll was called of the members of the Board: Jerry Chesnutt Matthew Hoffpauir Don Hays Gary Sundstrom Darryl Smith President Vice President Secretary Assistant Vice President Assistant Secretary and all of the above were present, except Director Chesnutt, thus constituting a quorum. Also present were David Wright and Bob Ring of ING Utility Corp. (/ling"); Michelle Lofton of ETI Accounting; Vickey Sullivan of Equi-Tax, Inc.; Erik Spencer of Van De Wiele & Vogler, Inc. ("Van De Wiele"); Kay Serventi of Republic Services; Greg Lentz of First Southwest Company; David Escobar of the Precinct 4 Constable's Office; Adam Kupstas of Aurous Development Services; and Hannah Brook and Sharon Covan of Allen Boone Humphries Robinson LLP (IiABHR"). APPROVE MINUTES The Board considered approving the minutes of the March 23, 2015, meeting. After review and discussion, Director Hoffpauir moved to approve the minutes of the meeting, as presented. Director Smith seconded the motion, which passed unanimously. COMMENTS FROM THE PUBLIC There were no comments from the public. REFUNDING BONDS, SERIES 2015 Mr. Lentz updated the Board on the Series 2015 Refunding Bonds. He distributed a summary of the bids, a copy of which is attached. Mr. Lentz said Regions Bank submitted the low bid of 2.770% for the interest rate. Mr. Lentz distributed and reviewed a Source and Uses of Funds report, a copy of which is attached. GARBAGE AND RECYCLING REPORT Ms. Serventi addressed the Board to discuss garbage services and the recycling program. The Board received the March recycle bank report, a copy of which is attached

2 SECURITY AND CONSTABLE'S REPORT Lieutenant Escobar reviewed the monthly security report from Precinct 4, a copy of which is attached. OPERATION OF DISTRICT FACILITIES Mr. Ring presented the operators report, a copy of which is attached and reviewed the water production report and the esplanade usage report. He said there were five new taps in March. The Board reviewed the Billing and Collections Report. Director Sundstrom suggested that reporting the collections in arrears in day intervals would be more useful than the percentage currently reported. Mr. Ring said report can be revised. Director Hoffpauir asked the operator to update the builder back charge report. After review and discussion, Director Sundstrom moved to approve the operators report. Director Hays seconded the motion, which passed by unanimous vote. CONDUCT HEARING ON TERMINATION OF WATER SERVICE The Board conducted a hearing on the termination of water service. Mr. Ring reported the customers on the attached termination list for the month were delinquent and had been given notification of the opportunity to appear before the Board of Directors to explain, contest, or correct the bill and to show reason why service should not be terminated because of nonpayment, all as required by the District's Amended Rate Order. Director Sundstrom moved that, because the customers on the termination list were not present at the meeting, nor had presented any statement on the matter, said utility services should be terminated in accordance with the District's Amended Rate Order, if payment is not received. Director Hays seconded the motion, which passed unanimously. IDENTITY THEFT PREVENTION PROGRAM The Board conducted the annual review of the Identity Theft Prevention Program (the "Program") and reviewed a report prepared by TNG, a copy of which is attached. After review and discussion, Director Sundstrom moved to accept the report on the Program from TNG and to make no changes, and direct that the report be filed appropriately and retained in the District's official records. Director Smith seconded the motion, which passed unanimously. AMENDED RATE ORDER The Board considering amended the Rate Order to increase each customer's water fee by the amount of the North Harris County Regional Water Authority'S ("NHCRWAU) pumpage fee plus 20%, an increase of 5%. Discussion ensued. After review and discussion, Director Sundstrom moved to adopt an Amended Rate Order incorporating the increase. Director Hoffpauir seconded the motion, which passed by unanimous vote

3 FINANCIAL AND BOOKKEEPING Ms. Lofton presented the bookkeeper's report, including the investment report, a copy of which is attached, and reviewed the bills presented for payment. After review and discussion, Director Hays moved to approve the bookkeeper's report. Director Sundstrom seconded the motion, which passed by unanimous vote. ARBITRAGE REBATE REPORT FOR SERIES 2005 BONDS The Board reviewed the Interim Excess Earnings Report (the "Report") on the Series 2005 Bonds prepared by OmniCap Group, LLC, a copy of which is attached. Ms. Brook said that according to the Report, the District does not owe an arbitrage payment to the Internal Revenue Service. After review and discussion, Director Sundstrom moved to accept the Report and direct that it be appropriately filed and retained in the District's files. Director Hoffpauir seconded the motion, which passed unanimously. TAX ASSESSMENT AND COLLECTIONS Ms. Sullivan reviewed the tax assessori collector's report, a copy of which is attached, and the bills presented for payment. She also reviewed the Strategic Partnership Revenue Report, a copy of which is attached. After review and discussion, Director Sundstrom moved to approve the tax assessor I collector's report. Director Hoffpauir seconded the motion, which passed unanimously. ENGINEERING Mr. Spencer presented the engineering report, a copy of which is attached. EASEMENTS AND DEEDS, CONSENTS TO ENCROACHMENT, UTILITY COMMITMENTS The Board considered accepting a Drainage Easement, two Sanitary Sewer Easements and a Water Line Easement from CET Limited for Bradbury Forest Drive. After review and discussion, Director Sundstrom moved to accept the Easements. Director Hoffpauir seconded the motion, which passed by unanimous vote. BRECKENRIDGE FOREST NORTH, SECTION 2 Mr. Spencer reported on the Breckenridge Forest North Section 2 pipeline drainage issue. He said construction by Baja Interests, Inc. will begin soon. BRECKENRIDGE PARK, SECTION 1 Mr. Spencer reported on the Breckenridge Park, Section 1 project. He presented and recommended for approval the following Pay Applications from Storm Water Solutions: Pay Application No.8 in the amount of $1,892.40; Pay Application No.9 in the amount of $2,385.30; Pay Application No. 10 in the amount of $250.00; Pay

4 Application No. 11 in the amount of $2,689.60; and Pay Application No. 12 in the amount of $2, BRECKENRIDGE PARK, SECTION 2 Mr. Spencer said plans for Breckenridge Park, Section 2, water, sewer and drainage facilities are being prepared. CYPRESSWOOD HEIGHTS LIFf STATION AND ENIERGENCY BYPASS PUMP Mr. Spencer said the Cypresswood Heights lift station project is on hold. BRADBURY FOREST, SECTION 6, WATER, SEWER AND DRAINAGE Mr. Spencer reported on the status of the Bradbury Forest, Section 6, water, sewer and drainage project. He said construction will start soon. BRADBURY FOREST DRIVE Mr. Spencer said plans for Bradbury Forest Drive were submitted to Harris County for review. BRECKENRIDGE FOREST, SECTIONS 9 AND 10 Mr. Spencer said clearing and grubbing for Breckenridge Forest, Sections 9 and 10 is substantially complete. He presented and recommended for approval Pay Application No.1 in the amount of $79, Mr. Spencer reported on the construction of water, sewer and drainage facilities for Breckenridge Forest, Sections 9 and 10. He presented and recommended for approval Change Order No. 1 in the amount of $13, for construction of a fence around the perimeter of the construction site. Mr. Spencer said school children are walking across Sections 9 and 10 that are under construction to get to Gloria Marshall Elementary School. He said there is construction equipment in the fields. Mr. Spencer said the school sent a letter to parents asking that the children not cross the construction areas and the Spring Independent School District police department and the Harris County constables were notified. He said D. R. Horton had a perimeter fence erected, but the fence was torn down and had to be replaced. Mr. Spencer said some of the contractor's equipment was also vandalized. Lieutenant Escobar said he will attend the upcoming Breckenridge Forest Homeowner Association meeting to discuss the matter with the homeowners. Mr. Spencer said the storm water pollution prevention is underway by Silt Solutions

5 BRADBURY FOREST DRIVE SIDEWALK Mr. Spencer discussed the status of the Bradbury Forest Drive sidewalk. He presented and recommended for approval Pay Application No.4 and Final in the amount of $7, and requested the Board authorize execution of the Texas Department of Licensing and Regulation application for inspection. GIS MAPPING Mr. Spencer said the updated GIS map database was installed at TNG and the next update will occur upon completion of Bradbury Forest, Section 6 and Breckenridge Forest, Sections 9 and 10. CONNECTION AND CAPACITY UPDATE Mr. Spencer reported there are 3,176 active single-family residential water connections in the District. DESIGN, CONSTRUCTION AND DEVELOPMENT IN THE DISTRICT There was no report on development. WASTEWATER TREATMENT PLANT FACILILTY ELECTRICAL UPGRADES Mr. Spencer said he is waiting for the report from NTS on the wastewater treatment plant electrical upgrades. HIKE AND BIKE TRAIL Mr. Spencer reported on the hike and bike trail He said the project was readvertised, but no bids were received. The Board took no action on this matter. ANNEXATION Mr. Spencer reported on the request to annex 2.27 acres on Cypresswood into the District. He said the annexation deposit has not been received. SURPLUS FUNDS Mr. Spencer said the application to the TCEQ for use of surplus funds was submitted and declared administratively complete. Ms. Brook said the TCEQ requested the Resolution Authorizing Application to the Texas Commission on Environmental Quality for Use of Surplus Funds be amended to include the request for 100% reimbursement to the developers. There were no further engineering matters for discussion. After review and discussion, and based on the engineer's recommendation, Director Sundstrom moved to: 1) approve Pay Application No.8 in the amount of $1,892.40; Pay Application No

6 in the amount of $2,385.30; Pay Application No. 10 in the amount of $250.00; Pay Application No. 11 in the amount of $2,689.60; and Pay Application No. 12 in the amount of $2, submitted by Storm Water Solutions for Breckenridge Park, Section 1; 2) approve Pay Application No.1 submitted by R & T Ellis Excavating in the amount of $79, for Breckenridge Forest, Sections 9 and 10; 3) approve Change Order No.1 in the amount of $13, for a perimeter fence for Breckenridge Forest, Sections 9 and 10; 4) approve Pay Application No.4 and Final in the amount of $7, submitted by C&K Concrete for the Bradbury Forest sidewalk and authorize execution of the Texas Department of Licensing and Regulation application for inspection; 5) adopt the Amended Resolution Authorizing Application to the Texas Commission on Environmental Quality for Use of Surplus Funds; and 6) accept the engineer's report. Director Hoffpauir seconded the motion, which passed by unanimous vote. NORTH HARRIS COUNTY REGIONAL WATER AUTHORITY WEBSITE Director Smith reported on the NHCRW A. Discussion ensued regarding the District's website. Director Smith discussed updates to the District's website. Director Smith asked Ms. Covan to forward the link to the test site to each Board member for review. Director Smith said he will request that someone from The Texas Network to attend a Board meeting once or twice per year. ACTION TAKEN DURING THE MONTH The Board reviewed the action taken during the month and pending action items. DIRECTORS AND DISTRICT CONSULTANT REPORTS ABOUT DISTRICT OPERATIONS There was no discussion on this matter. CONSULTANT CONTRACTS The Board took no action on consultant contracts. There being no further business to come before the Board, the meeting was adjourned. -6

7 ACTION LIST 1. TNG will perform the manhole and valve survey later this quarter. 2. Operator will revise the Billing and Collections Report. LIST OF ATTACHMENTS Page summary of the bids...1 Source and Use of Funds report...1 monthly security report from Precinct operator's report termination list... 2 report prepared by TNG...2 bookkeeper's report...3 tax assessor I collector's report...3 Strategic Partnership Revenue Report...3 engineering report

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