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2006-09-12 Development Authority of Pearland Minutes of the Board of Directors Meeting . DEVELOPMENT AUTHORITY OF PEARLAND MINUTES OF THE BOARD OF DIRECTORS MEETING September 12, 2006 CITY OF PEARLAND § STATE OF TEXAS § DEVELOPMENT AUTHORITY OF PEARLAND § Call to Order A special meeting of the Board of Directors (the "Board") of the Development Authority of Pearland (the "Authority"), a non-profit corporation organized to aid, assist and act on behalf of the City of Pearland, Texas (the "City"), was held at City Hall, 3519 Liberty Drive, Pearland, Texas, on Tuesday, September 12, 2006 commencing at 4:00 p.m. and a quorum was established. Written notice of the meeting including the date, hour, place and agenda for the meeting, was posted in accordance with the Texas Open Meetings Act. The following Directors were present when the meeting was called to order: Chair Tom Reid, Henry Stanaland, Bill Sloan, Tom Pool and Ed Baker. Also in attendance were Bill Eisen, Claire Manthei, Gary Cook, Drew Pelter, Trey Lary, Frank Ildebrando, Ryan O'Hara, Rick Witte, Marcus Deitz, Sue Darcy and Charles Knight. Approval of Minutes _ Chair Reid presented the minutes of the Development Authority Board meeting held on August 8, 2006 for approval. A motion was made by Director Baker and seconded by Director 'OW Stanaland to approve the minutes. Director Baker asked for clarification on the statement in the minutes regarding developer interest rates of 8 percent and 6.5 percent. Gary Cook responded that, per the Development Agreement, the first $20 million in developer advances earned interest at the rate of 8 percent, and developer advances in excess of$20 million earned interest at the rate of 6.5 percent. There being no further discussion, the motion passed unanimously. Public Comments There were no public comments. New Business A. Sue Darcy with Knudson & Associates, LP stated that ETI Accounting Services was not able to attend the meeting. As a result, Chair Reid stated that the Board would defer action on the Quarterly Financial Report until the next Board of Directors meeting. B. Sue Darcy stated that ETI Accounting Services was not able to attend the meeting. As a result, Chair Reid stated that the Board would defer action on the Payment of Consultant Invoices and Execution of Checks or Wire Transfer Instructions until the next Board of Directors meeting. C. Frank Ildebrando with RBC Capital Markets reviewed with the Board the general terms of the draft Preliminary Official Statement for the sale of Series 2006 Bonds. Ryan O'Hara also distributed a revised Tentative Schedule of Events leading up to the bond sale. Rick Witte with Andrews Kurth then distributed an updated draft of the Preliminary Official Statement ("POS"), which superceded that which was included in the Board packets. Specifically, Mr. Ildebrando noted that the Board meeting at which approval of the Official Statement would take place was 2 4114 rescheduled for October 2, 2006. He then described the POS as a marketing document used by the underwriters, which contains both legal and financial information valuable to potential bond buyers. Mr. Ildebrando then reviewed the current method of revenue collections within Tax Increment Reinvestment Zone Number Two ("TIRZ No. 2"), and the effect of changes in school finance laws on any bond sale. He reminded the Board that per state law, Alvin Independent School District ("AISD") revenues cannot be pledged to pay bonds. In response to a question by Director Sloan, Mr. Ildebrando stated that AISD revenue will never be used to size a bond issue and will only be used to reimburse the developer in cash. He also noted that the new school finance laws will keep TIRZ revenue whole. He explained the process for dealing with school district financing remains to be worked out. In response to a question by Director Baker, Mr. Ildebrando confirmed that Fort Bend 111. ISD was not currently participating in TIRZ No. 2. Mr. Ildebrando confirmed that the estimated captured appraised value of TIRZ No. 2 as of August 1, 2006 allowed for the proposed bond size of$9.5 million. Director Stanaland asked why the draft POS they were initially provided was sized at $10.3 million, to which Mr. Ildebrando responded that the initial draft did not take into account the effect of exemptions on appraised property values within TIRZ No. 2. In response to a question from Chair Reid, Mr. Ildebrando confirmed the POS accounted for the 2006 City of Pearland tax rate recently approved by the City Council. Mr. Ildebrando also stated that there would be time for additional comments to be incorporated into the Official Statement prior to the next Board meeting, which is scheduled for October 2, 2006. Director Baker made a motion to approve the revised schedule of events and the 41. Preliminary Official Statement for the sale of the Series 2006 Tax Increment Revenue Bonds. Director Stanaland seconded the motion. The motion was passed unanimously. 3 Adjournment There being no further business to come before the Authority, upon unanimous consent by the Directors, the meeting was adjourned at 4:47 p.m. ADOPTED and APPROVED this day of , 2006. Tom Reid, Chair Henry Stanaland, Secretary aa.i. 4