2004-10-05 Development Authority of Pearland Minutes of the Board of Directors Meeting DEVELOPMENT AUTHORITY OF PEARLAND
MINUTES OF THE BOARD OF DIRECTORS MEETING
October 5, 2004
CITY OF PEARLAND §
STATE OF TEXAS §
DEVELOPMENT AUTHORITY OF PEARLAND §
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. October 5. 2004 commencing at 5:00 p.m. 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 participated in the meeting: Chair Tom
Reid, Bill Sloan, Ed Baker, and Henry Stanaland. Director Tom Pool was not in attendance.
The Board initially convened at 5:05 p.m. in the City Council Chambers, City of
Pearland, at the meeting of the TIRZ Reinvestment Zone #2. Trey Lary, with Allen Boone
Humphries LLP, presented to the TIRZ Board the proposed Tri-Party Agreement by and between
the City of Pearland, Texas, Reinvestment Zone Number Two, the City of Pearland, Texas and
the Authority (the "Agreement"). A discussion followed and a motion was made and seconded
by the TIRZ Board to approve the Agreement. The motion passed unanimously.
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The Authority then adjourned from the TIRZ Board meeting and Chair Reid reconvened
the Authority Directors in the First Floor Conference Room at City Hall in accordance with the
posted notice of the meeting. The reconvened meeting was called to order at approximately 5:30
p.m. and a quorum was established.
Chair Reid presented the minutes for approval of the regular meeting held on July 27,
2004. A motion was made by Henry Stanaland and seconded by Bill Sloan to approve the
minutes. The motion passed unanimously.
There were no public comments.
Rick Witte, with Andrews Kurth LLP, confirmed that the Treasurer of the Authority, who
is the Director of Finance for the City of Pearland, will attend the Authority meetings on an as-
011111, needed basis; and, according to the ByLaws, this position is not a conflict of interest with the
City.
New Business
A. A motion was made by Ed Baker and seconded by Henry Stanaland to consider and
discuss the Tri-Party Agreement by and between the City of Pearland, Texas, Reinvestment Zone
Number Two, the City of Pearland and the Development Authority of Pearland.
Discussion followed regarding Article VII of the Agreement concerning reimbursement
to the Developer and the role of the Authority. City Attorney, Darrin Coker, emphasized that
once the City approves a reimbursement, the Authority would need to act in accordance with the
Agreement. The Directors voiced concern as to the Authority's function regarding issuing its
a.. bonds and reimbursing the developer.
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After discussion, the Directors agreed to revise some of the language in Article VII of the
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Agreement regarding the Authority's role with respect to reimbursement of the developer. The
revisions to Article VII included changing the word "direct"to the word "authorize" in the fourth
sentence of Article VII and changing the word "direction" to "resolution" in the last sentence of
that Article. The revised version of the Agreement was then approved unanimously by the
Directors.
B. Chair Reid presented for review and approval a tentative schedule of events by RBC Dain
Rauscher, Inc. for the issuance, sale and delivery of the Authority's Tax Increment Contract
Revenue Bonds, Series 2004. Ryan O'Hara of RDC Dain Rauscher, pointed out that this is a
tentative schedule. Drafts of all bond documents will be distributed to the Directors prior to any
meeting to approve the bond sale. Rick Witte also suggested that the Directors may want to
"" schedule a workshop session to review any draft bond documents, prior to the next Authority
meeting scheduled for Monday, November 8, 2004 where the proposed bond sale would be
considered. The Directors scheduled a workshop session for Monday, October 25, 2004 at 5:00
p.m.
C. Chair Reid offered for review and action the appointment of a Director to serve on the
joint City of Pearland, Texas Tax Increment Reinvestment Zone Number Two, City of Pearland,
Texas, Development Authority of Pearland Bookkeeper Selection Committee. Lynn Humphries,
with Allen Boone Humphries LLP, said that a separate entity bookkeeper is needed as a neutral
party to oversee the process. A motion was made by Chair Reid, that Bill Sloan be selected to
the Bookkeeper Selection Committee. The motion was seconded by Ed Baker and passed
unanimously.
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There being no further business to come before the Authority, upon unanimous consent
by the Directors the meeting was adjourned at 6:30 p.m.
ADOPTED and APPROVED this day of _, 2004.
Tom Reid, Chair
Henry Stanaland, Secretary
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