BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 6 Minutes of Meeting of Board of Directors November 14, 2017 The Board of Directors (the "Board" ) of Brazoria County Municipal Utility District No. 6 (the "District" ) met in regular session, open to the public, at 1300 Post Oak Boulevard, Suite 1400, Houston, Texas 77056, on November 14, 2017, in accordance with the duly posted notice of meeting, and the roll was called of the duly constituted officers and members of said Board, as follows; L'Sheryl D. Hudson, President Richard A. Skotak, Vice President R. Michael Haney, Secretary Erich R. Bell, Assistant Secretary Rick I&lug, Assistant Secretary and all of said persons were present, with the exception of Directors Iqudson and Skotak, who entered the meeting after it was called to order, as noted herein, thus constituting a quorum. Also present were Lisa Bonham and Cheryl Rogers of Jones &. Carter, Inc. ("J&C"); Cynthia Colondres of Municipal Accounts & Consulting, L.P. ("MA&C"); Esther Kumaga of Assessments of the Southwest ("ASW"); Loren Morales of RBC Capital Markets, LLC ("RBC"); Chris Wilson of Si Environmental ("Si"); Mark Wahlstrom of the City of Pearland ("City" ); Jeremy Roach of Apollo IT Consulting ("Apollo" ), who entered the meeting after it was called to order, as noted herein; John Nguyen of J. Hunter Properties; and Matthew Reed and Jenny Johnson of Schwartz, Page & Harding, L.L.P.("SPH"). In the absence of the President and Vice President, the Secretary called the meeting to order and declared it open for such business as might regularly come before it. MINUTES The Board considered the minutes of its meeting held on October 10, 2017, After discussion regarding the minutes previously forwarded for review, it was moved by Director Haney, seconded by Director Bell, and unanimously carried, that said minutes be approved, as written. PUBLIC COMMENTS Mr. Nguyen introduced himself to the Board and advised that he was in attendance at the meeting to discuss the prospective development of an out-of-district tract. He reminded the Board of its prior interest in offering services to the tract upon deannexation by the City, He reported that the City is not willing to deannex the tract and is unable to provide services to the tract. In that regard, Ms. Bonham reported that J&C is in receipt of correspondence from the City and that the City is amenable to the District providing services to the tract. She advised that the City has reserved the right to provide services if, and when, the City is capable of doing so,
She recommended that the Board authorize J&C to conduct a feasibility study as to whether the District has the capacity to serve the out-of-district tract, and noted that such tract was not included in the additional capacity recently purchased from Brazoria County Municipal Utility District No, 2 ("No. 2") and Brazoria County Municipal Utility District No. 3 ("No. 3"). Mr. Reed recommended that the Board authorize J&C to conduct a feasibility study on the out-ofdistrict tract, subject to receipt of a $10,000 deposit from the developer to cover the engineering and legal fees associated with said feasibility study. After discussion, the Board concurred to authorize J&C to conduct a feasibility study on the out-of-district tract, subject to receipt of a $10,000 deposit from the developer to cover the engineering and legal fees associated with the feasibility study. Director Skotal& and Mr. Roach entered the meeting at this time. TAX ASSESSOR-COLLECTOR'S REPORT Ms. Kumaga distributed to and reviewed with the Board the Tax Assessor-Collector' Report for the month ended October 31, 2017, and an Unpaid Accounts Tax Roll as of November 10, 2017, copies of which are attached hereto as Exhibit A. After discussion, on motion made by Director Haney, and seconded by Director Bell, the Board voted unanimously to approve the report and authorize the payments listed therein. ELECTRONIC PAYMENT SERVICES Ms, Kumaga reported that First Billing, the company used by ASW for their electronic payment program for tax payments, is increasing its fees for the upcoming tax year and is requesting the approval and execution of a new form of Payment Services Agreement between the District and First Mobile Trust, LLC (the "Agreement" ) to reflect the fee increase. She noted that the new Agreement will replace the prior Agreement currently in place. Mr. Reed advised that SPH has reviewed the new Agreement and found it to be in order. After discussion on the matter, Director King moved that the Board approve the new Agreement as presented, subject to receipt of a Texas Ethics Commission ("TEC")Form 1295 in connection therewith, authorize the President to execute the new Agreement on behalf of the Board and the District, accept the TEC Form 1295 in connection with the new Agreement when received, and authorize SPI-I to acknowledge receipt of same with the TEC. Director Haney seconded said motion, which unanimously carried. DELINOUENT TAX COLLECTIONS REPORT Mr. Reed advised that delinquent tax collections reports fiom Perdue, Brandon, Fielder, Collins & Mott L.L.P. ("Perdue" ), the District's delinquent tax collection attorneys, regarding legal action taken on delinquent tax accounts are submitted quarterly and that no report was received this month. OPERATIONS REPORT Mr. Wilson presented to and reviewed with the Board an Operations Report for the month of October 2017, a copy of which is attached hereto as Exhibit B.
ENGINEERING REPORT Ms, Rogers presented to and reviewed with the Board the Engineering Report dated November 14, 2017, a copy of which is attached hereto as Exhibit C. With regard to the Water Plant Improvements 2018 (the "Project"), Ms. Rogers reported that No. 2 has authorized the Project in the total amount of $1,023,000, including contingencies and engineering costs, The District's share of the Project is approximately $458,000. She reminded the Board that the funds for the Project are included in the pending Bond Application Report ("BAR"), Director Hudson entered the meeting at this time. Regarding the status of the proposed BAR, Ms. Rogers reported that JEcC anticipates submitting the BAR to the Texas Commission on Environmental Quality ("TCEQ") upon final review and approval by the District's consultants, In that regard, Mr. Reed presented for the Board's review and approval an Order Authorizing Application to the TCEQ for Approval of Project and Bonds and For Use of Surplus Funds and Interest Eanied on Construction Funds, along with a Certificate Justifying 45-Day Expedited Review. After discussion, Director Haney moved (i) that the Board adopt an Order Authorizing Application to the TCEQ for Approval of Project and Bonds and For Use of Surplus Funds and Interest Earned on Construction Funds, which is attached hereto as Exhibit D, and (ii) that SPH be authorized to submit same as part of the District's application to the TCEQ for approval of Bond Issue No. 11, with a Certificate Justifying 45-Day Expedited Review. Director Skotak seconded said motion, which unanimously carried, The Board considered the approval and execution of a Resolution Authorizing Request to Brazoria County Appraisal District ("BCAD") for Appraisal of Property as of November I, 2017. After discussion on the matter, Director I-Ianey moved that the Board adopt a Resolution Authorizing Request to BCAD for Appraisal of Property as of November I, 2017, a copy of which is attached hereto as Exhibit E, and that the President be authorized to execute same on behalf of the Board and District. Director Skotal& seconded said motion, which unanimously carried. Ms. Rogers presented to and reviewed with the Board a Water, Sewer and Tax Rate Comparison, dated November 7, 2017, prepared by J&C, relative to residential and commercial water, sewer and tax rates of surrounding governmental entities, a copy of which is attached hereto as Exhibit F. CLARENCE E. SASSER PARI& ("PARI&"I REPORT Director Sl&otak reported on landscaping improvements at the Park. DISTRICT WEBSITE Mr, Roach updated the Board regarding statistics of the District's website.
SECURITY REPORT The Board deferred consideration of a Security Report from the Brazoria County Sheriffs Office ("BCSO")after noting that no report was presented. UTILITY COMMITMENT REOUESTS The Board deferred consideration of the issuance of utility commitments after being advised by Ms. Bonham that no requests had been received since the Board's last meeting. DEVELOPERS'EPORTS The 13oard deferred consideration of the developers'eports after noting that no repoits were offered, BOOI&I&KKPKR'S RFPORT & OUARTERLY INVESTMENT INVENTORY REPORT Ms. Colondres presented to and reviewed with the Board the Booldceeper's Report, dated November 14, 2017, attached hereto as Exhibit G, including the bills, which were presented for payment, as prepared by MA&C. After discussion, Director Haney moved that the Bookkeeper's Report be approved and payment be authorized of the disbursements listed therein. Director Bell seconded the motion, which unanimously carried. Ms. Colondres then presented to and reviewed with the Board a Quarterly Investment Inventory Report, which had been prepared by MA&C for the reporting period ending September 30, 2017, a copy of which is attached to the Boolckeeper's Report. After review of the Quarterly Investment Inventory Report and upon motion duly made by Director Haney, seconded by Director Bell and unanimously carried, said Quarterly Investment Inventory Report was approved and the District's Investment Officer was authorized to execute same on behalf of the Board and the District. Ms. Colondres advised that a draft budget for the District's fiscal year ending December 31, 2018 is attached to the Boolckeeper's Report for review by the Board and its consultants. AUTHORIZE EMINENT DOMAIN REPORT FILING Mr. Reed advised the Board that Chapter 2206 of the Texas Government Code requires that an eminent domain database be maintained and hosted by the Texas Comptroller of Public Accounts ("Comptroller" ). Mr, Reed further advised the Board that each public and private entity in the State of Texas authorized to exercise the power of eminent domain must file a report, as prescribed by the Comptroller, before February 1 of each year, Following discussion on the matter, Director Bell moved that SPH be authorized to prepare and file the required eminent domain report with the Comptroller prior to February 1, 2018. Director Haney seconded the motion, which passed unanimously.
ATTORNEY'S REPORT Mr. Reed presented to and reviewed with the Board a letter from Waste Management, Inc. ("WM") dated October 30, 2017, a copy of which is attached hereto as Exhibit H. He reported that WM intends to increase the District's monthly garbage and recycling fees by $2.34 per household, effective January 1, 2018. He advised the Board that SPH has requested WM to provide an explanation of its authority to implement the fee increase. The Board acknowledged that the current agreement with WM has expired and is terminable upon 60-days notice to WM. The Board concurred to add an agenda item to the December meeting agenda to consider the solicitation of proposals from other waste management companies and authorized SPH to inform WM of such decision, MATTERS FOR NEXT AGENDA The Board considered items for placement on future agendas. No specific agenda items, other than routine and ongoing matters and matters noted earlier in the meeting were requested. AD JOURNMENT There being no further business to come before the Board, on motion made by Director Haney, seconded by Director Bell, and unanimously carried, the meeting was adjourned. R. Michael H etary
LIST OF ATTACHMENTS TO MINUTES Exhibit A - Tax Assessor/Collector's Report Fxhibit B - Operations Report Exhibit C - Fngineering Report Exhibit D- Order Authorizing Application to the fceq for Approval of Project and Bonds and For Use of Surplus Funds and Interest Earned on Construction Funds Fxhibit E Resolution Authorizing Request to Brazoria County Appraisal District for Appraisal of Property Exhibit F - Water, Sewer and Tax Rate Comparison Exhibit G - Boold&eeper's Report and Quarterly Investment Inventory Report Exhibit H - Letter from Waste Management, Inc. dated October 30, 2017 471923 i