NORTH TEXAS MUNICIPAL WATER DISTRICT 501 E. Brown Street Wylie, Texas 75098 (972) 442-5405 Phone (972) 295-6440 Fax BOARD OF DIRECTORS REGULAR MEETING THURSDAY, FEBRUARY 22, 2018 4:00 P.M. Notice is hereby given pursuant to V.T.C.A., Government Code, Chapter 551, that the Board of Directors of North Texas Municipal Water District will hold a regular meeting, open to the public, on Thursday, February 22, 2018, at 4:00 p.m., at the NTMWD Administrative Offices, 501 E. Brown Street, Wylie, Texas. The Board of Directors is authorized by the Texas Open Meetings Act to convene in closed or executive session for certain purposes. These purposes include receiving legal advice from its attorney (Section 551.071); discussing real property matters (Section 551.072); discussing gifts and donations (Section 551.073); discussing personnel matters (Section 551.074); or discussing security personnel or devices (Section 551.076). If the Board of Directors determines to go into executive session on any item on this agenda, the Presiding Officer will announce that an executive session will be held and will identify the item to be discussed and provision of the Open Meetings Act that authorizes the closed or executive session. I. CALL TO ORDER AGENDA 1 II. III. IV. INVOCATION DIRECTOR WAYNE MAY PLEDGE OF ALLEGIANCE PLEDGE OF ALLEGIANCE TO THE TEXAS FLAG V. ANNOUNCEMENT OF QUORUM VI. VII. ADMINISTER OATH OF OFFICE PUBLIC COMMENTS The Board of Directors allows individuals to speak to the Board. Prior to the meeting, speakers must complete and submit a Public Comment Registration Form. The time limit is five (5) minutes per speaker, not to exceed a total of thirty (30) minutes for all speakers. The Board may not discuss these items, but may respond with factual or policy information. 1 Persons with disabilities who plan to attend the NTMWD Board of Directors meeting and who may need auxiliary aids or services are requested to contact John Montgomery in the NTMWD Administrative Offices at (972) 442-5405 as soon as possible. All reasonable efforts will be taken to make the appropriate arrangements.
PAGE 2 VIII. OPENING REMARKS A. Presentations of awards, recognitions, achievements, etc., of the District, Board members, and staff B. President s Remarks concerning current events, conduct of meeting, posted agenda items, committee assignments, and related matters C. Executive Director s Status Report concerning legislation and regulatory matters, budgets, current projects and ongoing programs of the District including the Regional Water System, Regional Wastewater System, Regional Solid Waste System, Watershed Protection, and Water Conservation IX. CONSENT AGENDA ITEMS The Consent Agenda allows the Board of Directors to approve all routine, noncontroversial items with a single motion, without the need for discussion by the entire Board. Any item may be removed from consent and considered individually upon request of a Board member or NTMWD staff member. A. Consider Approval of Board of Directors Regular Meeting Minutes January 25, 2018 (Please refer to Consent Agenda Item No. 18-02-01) B. Consider Approval of Board of Directors Special Meeting Minutes February 1, 2018 (Please refer to Consent Agenda Item No. 18-02-02) C. Consider Approval of Monthly Construction Report January 2018 (Please refer to Consent Agenda Item No. 18-02-03) D. Consider Adoption of Resolution No. 18-07 Authorizing Payment to Secure Final Release of Claims for Alleged Damages on Property in Hopkins County, Texas, Project No. 101-0275-11 (Please refer to Consent Agenda Item No. 18-02-04) E. Consider Authorizing Additional Legal Services on Project No. 101-0210-10, North McKinney Pipeline, Phase I and II (Please refer to Consent Agenda Item No. 18-02-05) F. Consider Authorizing Administrative Change Orders to Certain Construction Contracts to Adjust Contractual Monthly Payment Dates (Please refer to Consent Agenda Item No. 18-02-06) X. AGENDA ITEMS FOR INDIVIDUAL CONSIDERATION A. Consider Authorizing Appointment of Auditors for 2017-2018 (Please refer to Administrative Memorandum No. 5093)
PAGE 3 B. Consider Adoption of Resolution No. 18-05 Authorizing the Issuance, Sale, and Delivery of North Texas Municipal Water District Regional Wastewater System Revenue Bonds, Series 2018; and Approving and Authorizing Instruments and Procedures Relating Thereto (Please refer to Administrative Memorandum No. 5094) C. Consider Adoption of Resolution No. 18-06 Authorizing the Issuance, Sale, and Delivery of North Texas Municipal Water District Upper East Fork Wastewater Interceptor System Contract Revenue Bonds, Series 2018; and Approving and Authorizing Instruments and Procedures Relating Thereto (Please refer to Administrative Memorandum No. 5095) D. Consider Adoption of Resolution No. 18-09 Authorizing Execution of Financing Agreements with the Texas Water Development Board for Funding of Lower Bois d Arc Creek Reservoir and Treatment and Treated Water Distribution Improvements and Authorizing Termination of Financing Agreements in the Event NTMWD is Unable to Issue Debt (Please refer to Administrative Memorandum No. 5096) E. Consider Authorizing Additional Engineering Services on Project No. 101-0352- 14, Wylie Water Treatment Plant Operations Center (Please refer to Administrative Memorandum No. 5097) F. Consider Authorizing Award of Construction Contract on Project No. 101-0375-14, Wylie Water Treatment Plant I Rapid Mix and Sedimentation Improvements (Please refer to Administrative Memorandum No. 5098) G. Consider Authorizing Execution of Engineering Services Agreement on Project No. 101-0427-16, Kaufman 20-Inch Waterline Assessment (Please refer to Administrative Memorandum No. 5099) H. Consider Authorizing Change Order No. 2 and Adjustment to Guaranteed Maximum Price to Construction Manager At-Risk Agreement on Project No. 101-0387-15, Wylie Water Treatment Plant IV 70 MGD Expansion to 210 MGD (Please refer to Administrative Memorandum No. 5100) I. Consider Authorizing Adoption of Resolution No. 18-08 Authorizing Execution of Contract for Grant Funding Assistance from the U.S. Department of Interior Bureau of Reclamation (Please refer to Administrative Memorandum No. 5101) J. Consider Authorizing Execution of Engineering Services Agreement on Project No. 101-0431-16, North McKinney Pipeline, Phase III (Please refer to Administrative Memorandum No. 5102)
PAGE 4 K. Consider Authorizing Execution of Amendment No. 2 to Bois d Arc Municipal Utility District Settlement Agreement, Project No. 101-0344-13, Lower Bois d Arc Creek Reservoir Dam (Please refer to Administrative Memorandum No. 5103) L. Consider Authorizing Execution of Agreement for Utility Relocations with Southwestern Bell Telephone Company d/b/a AT&T Texas, Project No. 101-0344- 13, Lower Bois d Arc Creek Reservoir Dam (Please refer to Administrative Memorandum No. 5104) M. Consider Authorizing Execution of Amendment No. 6 to Construction Manager At- Risk Agreement on Project No. 101-0344-13, Lower Bois d Arc Creek Reservoir Dam (Please refer to Administrative Memorandum No. 5105) N. Consider Authorizing Execution of Agreement for Utility Relocations with White Shed Water Supply Corporation on Project No. 101-0344-13, Lower Bois d Arc Creek Reservoir Dam (Please refer to Administrative Memorandum No. 5106) O. Consider Adoption of Resolution No. 18-10 for Financial Assurances for Compensatory Mitigation Associated with the North Texas Municipal Water District Lower Bois d Arc Creek Reservoir Project, Project No. 101-0351-14, Lower Bois d Arc Creek Reservoir, Phase IIIB (Please refer to Administrative Memorandum No. 5107) P. Consider Authorizing Reimbursement to the City of Plano for Legacy West Force Main, Project No. 501-0454-17, Indian Creek Force Main No. 2 (Please refer to Administrative Memorandum No. 5108) Q. Consider Authorizing Change Order No. 1 on Project No. 101-0417-16, Lake Chapman Pump Station No. 2 Repair (Please refer to Administrative Memorandum No. 5109) R. Consider Authorizing Additional Engineering Services on Project No. 401-0465- 17, Custer Road Transfer Station Compost Office (Please refer to Administrative Memorandum No. 5110) S. Consider Authorizing Change Order No. 1 on Project No. 401-0482-17, 121 Regional Disposal Facility, Task 482B, Cell 5B-B, 5C and 5D Excavation (Please refer to Administrative Memorandum No. 5111) T. Consider Authorizing Right-of-Way Acquisition Program and Adoption of Resolution No. 18-11 Authorizing the Use of Eminent Domain to Acquire Right-of- Way for the Renner Road to Plano Delivery Point No. 2 Pipeline, Project No. 101-0462-17 (Please refer to Administrative Memorandum No. 5112)
PAGE 5 U. Consider Adoption of Resolution No. 18-12 Authorizing Amendment to Legal Services Agreement with Saunders, Walsh and Beard, Attorneys and Counselors (Please refer to Administrative Memorandum No. 5113) XI. DISCUSSION ITEMS A. Update on Lower Bois d Arc Creek Reservoir Project B. Update on Litigation Involving North Texas Municipal Water District/Advice from Legal Counsel, including: 1. Justin A. Jinright, et al. v. NTMWD, Cause No. 429-02373-2016, pending in Collin County, Texas 2. NTMWD v. Allen Commerce Center, Cause No. 001-01810-2017, pending in Collin County, Texas 3. NTMWD v. Sloan Creek, Cause No. 001-01737-2017, pending in Collin County, Texas 4. NTMWD v. POP Holdings, Cause No. 001-02266-2017, pending in Collin County, Texas 5. NTMWD v. George Rollin Heifrin, et al., Cause No. 95225-CC, pending in Kaufman County, Texas 6. NTMWD v. Triple R Ranch, et al., Cause No. 96818-CC, pending in Kaufman County, Texas 7. NTMWD v. BAR Constructors, Black & Veatch, et al., Cause No. 366-02550-2017, pending in Collin County, Texas C. Discuss Status of Member City Contract Matters including: 1. Petition of the Cities of Garland, Mesquite, Plano and Richardson Appealing Wholesale Water Rates Implemented by North Texas Municipal Water District, Docket No. 46662 before the Public Utility Commission of Texas 2. Petition of the Cities of Garland, Mesquite, Plano and Richardson Appealing Wholesale Water Rates Implemented by North Texas Municipal Water District, Docket No. 47863 before the Public Utility Commission of Texas 3. Facilitation with Member Cities Regarding Alternate Cost Methodologies to the Amendatory Water Supply Contract D. Opportunity for Board Members to Request Potential Future Agenda Items (No substantive discussion of items will take place at this time) XII. ADJOURNMENT