MINUTES FULSHEAR MUNICIPAL UTILITY DISTRICT NO.1 OF FORT BEND COUNTY July 23, 2014 The Board of Directors (the "Board") of Fulshear Municipal Utility District No.1 of Fort Bend County (the "District") met in regular session, open to the public, on the 23rd day of July, 2014, at the offices of Allen Boone Humphries Robinson LLP, 3200 Southwest Freeway, Houston, Texas, outside the boundaries of the District, and the roll was called of the members of the Board: Brian Cogburn Brooks D. Tueting Tracy Bozeman Jeremy Byrum Donald T. Keller, Jr. President Vice President Secretary Assistant Secretary / Asst. Vice President Assistant Secretary / Asst. Vice President and all of the above were present except Directors Bozeman and Byrum, thus constituting a quorum. Also present at the meeting were Julie Peak of First Southwest Company; Dave Cannon of Trend Development, Inc.; Joseph Cibor of Cibor Geoconsultants; Ralph Wissel of Costello, Inc. ("Costello"); Lori Buckner of Myrtle Cruz, Inc.; Michelle Guerrero of Bob Leared Interests; Bill Sweitzer of Sweitzer + Associates Landscape Architects, Inc.; and Ryan Harper, Lynne B. Humphries, and Kristen Hogan of Allen Boone Humphries Robinson LLP (" ABHR"). MINUTES The Board first considered approving the minutes of the June 25, 2014, regular meeting. Following review and discussion, Director Keller moved to approve the minutes. Director Cogburn seconded the motion, which carried unanimously. DISTRICT WEBSITE There was no discussi9n on this item. FINANCIAL AND BOOKKEEPING MATTERS Ms. Buckner presented and reviewed the bookkeeper's report, including the monthly investment report and a budget comparison, and the bills presented for payment from the District's accounts, a copy of which is attached. After review and discussion, Director Keller moved to approve the bookkeeper's report and payment of the bills. Director Tueting seconded the motion, which carried unanimously.
TAX ASSESSMENT AND COLLECTIONS MA TIERS Ms. Guerrero distributed and reviewed the tax assessor/collector's report, including the checks presented for payment, a copy of which is attached. She noted the District's 2013 taxes are 100% collected. After review and discussion, Director Cogburn moved to approve the tax assessor/collector's report and payment of the tax bills. Director Tueting seconded the motion, which carried unanimously. ENGINEERING MATTERS Mr. Wissel presented and reviewed the engineer's report, a copy of which is attached. He updated the Board on the status of projects in the District. PHASE 3 DEVELOPMENT Mr. Wissel reported on phase three development plans for the District, including the Fulshear Trace extension to Fulshear Creek, the bridge across Fulshear Creek, and Fulbrook on Fulshear Creek, Sections 5 and 6. He presented work orders for engineering design and surveying and construction phase services for (1) the related Master Drainage Plan required for the area south of Fulshear Creek, (2) the Fulshear Trace extension to Fulshear Creek, and (3) the bridge across Fulshear Creek. Mr. Wissel noted that the land plans for Sections 5 and 6 have not been finalized. FULSHEAR TRACE WATER, SEWER, AND DRAINAGE FACILITIES FULSHEAR TRACE PAVING FACILITIES INTERSECTION OF FULSHEAR TRACE AND FM 1093 Mr. Wissel reported that this project remains on hold, pending resolution of alignment plans for the ultimate intersection configuration. FULBROOK ON FULSHEAR CREEK SECTION 3 WATER, SEWER, DRAINAGE, AND PAVING FACILITIES -2
SPANISH MOSS CROSSING BRIDGE Mr. Wissel recommended approval of Pay Estimate No. 6 in the amount of $268,657.49, payable to Mar-Con Services, LLC. FULBROOK ON FULSHEAR CREEK, SECTION 4 WATER, SEWER, AND DRAINAGE FACILITIES FULBROOK ON FULSHEAR CREEK, SECTION 4 PAVING FACILITIES Mr. Wissel recommended approval of Pay Estimate No.2 in the amount of $305,604.71, payable to Harris Construction Company. FULSHEAR TRACE EXTENSION /SYMS ROAD CONNECTION Mr. Wissel reported that Costello re-advertised the project for bids and no bids were received. He requested authorization for Costello to re-advertise the project again for bids and award the contract to the low bidder, subject to receipt of necessary approvals, no bid irregularities, Costello's recommendation to award to said low bidder, and review of construction bonds and insurance by ABHR. ENVIRONMENTAL STUDIES Mr. Wissel said there are no environmental studies for consideration. DEEDS AND EASEMENTS AND CONSENT TO ENCROACHMENT Mr. Wissel said there are no deeds, easements, or consents to encroachment for consideration. CONVEYANCE OF DISTRICT FACILITIES TO CITY OF FULSHEAR Mr. Wissel said there are no conveyances for consideration. After review and discussion, Director Keller moved to approve the engineer's report and take the following actions, based on the engineer's recommendation: (1) approve the work orders from Costello for engineering design and surveying and construction phase services for (i) the Master Drainage Plan required for the area south of Fulshear Creek, (ii) the Fulshear Trace extension to Fulshear Creek, and (iii) the bridge across Fulshear Creek; (2) approve Pay Estimate No. 6 in the amount of $268,657.49 for construction of the Spanish Moss Crossing Bridge; (3) approve Pay Estimate No.2 in the amount of $305,604.71 for construction of the paving facilities to serve Fulbrook on Fulshear Creek, Section 4; and (4) authorize re-advertisement for bids -3
and award of a contract for construction of the Fulshear Trace Extension/Syms Road connection, upon receipt of the bids, to the low bidder, subject to receipt of necessary approvals, no bid irregularities, Costello's recommendation to award to said low bidder, and review of the construction bonds and insurance by ABHR. Director Cogburn seconded the motion, which carried unanimously. EROSION PROTECTION ALONG FULSHEAR CREEK Mr. Cibor reviewed an update on the status of preparation of more detailed erosion control mitigation plans and cost estimates for three locations along Fulshear Creek, a copy of which is attached to the engineer's report. He reviewed options for possible long-term solutions to address slope erosion along Fulshear Creek. Mr. Cibor added that additional cost estimates have been requested and will be presented at next month's meeting. UPDATE ON BOND APPLICATION AND BOND ANTICIPATION NOTE Mr. Wissel reviewed updated summaries of costs for the bond anticipation note ("BAN") and the bond application, based on discussions at last month's meeting. Copies of the summaries of costs are attached to the engineer's report. Mr. Wissel and Ms. Peak reported on efforts to finalize the bond application for submittal to the Texas Commission on Environmental Quality. PARK PROJECTS Mr. Sweitzer presented the landscape architect's report, a copy of which is attached, and updated the Board on the status of projects in the District. FULBROOK ON FULSHEAR CREEK, SECTIONS 3 AND 4 LANDSCAPE DEVELOPMENT He updated the Board on design of landscaping improvements for Fulbrook on Fulshear Creek, Sections 3 and 4, noting the projects are being bid together to expedite the projects and be most advantageous to the District. FULSHEAR TRACE DRIVE PHASE II AND LANDSCAPE RESERVES At Bt AND C LANDSCAPE DEVELOPMENT -4
SYMS ROAD AND ADJACENT LANDSCAPE RESERVES LANDSCAPE DEVELOPMENT FOUNDERS PECAN ROUNDABOUT LANDSCAPE DEVELOPMENT report. He reported on damage caused by construction truck activity. After discussion, the Board directed Mr. Sweitzer to backcharge the repair costs to the entity responsible for the damage if he is able to determine responsibility. FULSHEAR CREEK CROSSING, SECTION 1, RESERVES C LANDSCAPE DEVELOPMENT AND D LANDSCAPE IMPROVEIvIENTS TO EXISTING LANDSCAPE PLANTINGS Mr. Sweitzer recommended mowing of the right-of-way and adjacent reserves for Fulshear Trace prior to construction of landscaping improvements. After discussion, Mr. Cannon said the homeowners association will complete the recommended mowing. The Board considered scheduling a special meeting to review bids and award contracts for landscaping contracts currently being advertised. After discussion, the Board concurred to schedule a special meeting for July 31, 2014, at noon at ABHR. After review and discussion, Director Keller moved to approve the landscape architect's report. Director Cogburn seconded the motion, which passed unanimously. LANDSCAPING MAINTENANCE AND AMENDMENT TO SERVICES AGREEMENT WITH GLEANNLOCH LANDSCAPING & MAINTEN ANCE COMPANY Mr. Harper presented a proposal submitted by Gleannloch Landscaping & Maintenance Company ("Glamco") for additional mowing and maintenance in Fulbrook on Fulshear Creek, Section 3. He said, upon Board approval, the proposal will be incorporated as a new exhibit to the Service Agreement between the District and Glamco. After review and discussion, Director Keller moved to approve the proposal from Glamco for mowing and maintenance in Section 3 for a cost of $1,422 per year. Director Tueting seconded the motion, which passed unanimously. -5
ATTORNEY'S REPORT Mr. Harper stated there was nothing additional to report that was not addressed under other agenda items. REPORT ON DEVELOPMENT Mr. Cannon reported on development in and near the District. MEETING DATE The Board noted that the next regular meeting is scheduled for August 27,2014. There being no further business to come before the Board, the meeting was adjourned. -6
LIST OF ATTACHMENTS TO MINUTES Minutes Page Bookkeeper' s report... 1 Tax assessor/collector's report... 2 Engineer's report... 2 Landscape architect's report.... 4-7