MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 8 MINUTES OF SPECIAL MEETING
SEPTEMBER 29, 2017
The Board of Directors (the “Board” or “Directors”) of Montgomery County Municipal Utility District No. 8 (the “District” or “MCMUD 8”) met in special session, jointly with Montgomery County Municipal Utility District No. 9 (“MCMUD 9”), open to the public, on Friday, September 29, 2017, at 9:00 a.m., at the Montgomery County Sheriff’s Office, District 5 Patrol Division, 11901 Walden Road, Montgomery, Texas 77356, a designated meeting place located inside the boundaries of the District, and the roll was called of the duly constituted officers and members of the Board, to-wit:
John Tryon – President
Bob Leasure – Vice President
Margie Barlow – Secretary
Daniel L. Davis – Assistant Secretary
John L. Patton – Director
All members of the Board were present. Also attending were Linda Wilson, Judy Sanders, Charles H. Barron and Nancy Eargle, Board of Directors of MCMUD 9; Clark S. Lord of Bracewell LLP, attorney for MCMUD 9; Katherine Turner of Municipal Accounts & Consulting L.P. (“MAC”); Erich Peterson and Justin Abshire of Jones | Carter, Inc. (“J&C”); Mark Adam of Bleyl Engineering (“Bleyl”); Philip Wright of Hays North Utility North Corporation (“Hays North”); Clark S. Lord of Bracewell LLP, attorney for MCMUD 9 (“Bracewell”); Elliot M. Barner of Radcliffe Bobbitt Adams Polley PLLC (“RBAP”); and Robert Ginant, Ken Harris and Justin Schleper, residents of MCMUD 9.
The President, after finding that the notice of the meeting was posted as required by law and determining that a quorum of the Board was present, called the meeting to order and declared it open for such business as may come before it.
The Presidents first opened the meeting to public comment. Mr. Ginant addressed the MCMUD 9 Board regarding questions about the status of construction of the Buckingham Road Catahoula Aquifer Water Well. Mr. Adam addressed such questions. As no public further comments were offered, the Presidents directed the Boards to proceed with the agenda.
AMENDED AND RESTATED AGREEMENT FOR FINANCING, CONSTRUCTION AND OPERATION OF REGIONAL WASTEWATER TREATMENT FACILITIES (“WWTF”) WITH MCMUD 8 (THE “AMENDED AND RESTATED AGREEMENT”)
Messrs. Barner and Lord then reminded the Boards of the terms of the proposed Amended and Restated Agreement. Mr. Lord reported that MCMUD 9 had previously approved such agreement subject to his final review. Messrs. Lord and Barner the additional minor changes had been made at the request of MCMUD 8. Mr. Barner next recommended the MCMUD 8 approve the Amended and Restated Agreement. Discussion ensued. Upon a motion by Director Patton, seconded by Director Barlow, after full discussion and with all Directors present voting aye, the Board approved the Amended and Restated Agreement for Financing, Construction and Operation of Regional Wastewater Treatment Facilities, a copy of which is attached hereto.
Ms. Turner next presented the draft budget for the WWTF for fiscal year ending December 31, 2018. Discussion ensued. It was the consensus of the Boards to review such budget at their next regular Board meetings in November.
APPROVE AMENDMENTS TO OPERATIONS CONTRACT AND FEE SCHEDULE WITH HAYS NORTH
The Boards next discussed the proposed rate increase requested Hays North. It was the consensus of the Boards to defer action until their regularly scheduled Board meetings in November.
Pursuant to Chapter 551 of the Texas Government Code, Subchapter D, of the Open Meetings Act, the President called the executive session to order at 10:10 a.m. to discuss matters within the attorney/client privilege. Present for the executive session were the Board of Directors of MCMUD 8 and MCMUD 9, Messrs. Peterson, Abshire, Adam, Lord and Barner. As of 10:50 a.m., the President declared the Executive Session was ended and the public session was resumed.
THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD, the meeting was adjourned.