CC Resolution No. 2780 RESOLUTION NO. 2780
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING ADVANCE FUNDING AND EXPRESSING INTENT
TO FINANCE EXPENDITURES TO BE INCURRED FOR ROAD WIDENING
PROJECTS; AND AUTHORIZING THE EFFECTIVE DATE THEREOF.
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WHEREAS, the City of Baytown, Texas (the "City") is a home rule municipality and
political subdivision of the State of Texas authorized to finance its activities by issuing obligations;
and
WHEREAS, the City will make, or has made not more than sixty (60) days prior to the
date hereof, payments with respect to the projects listed on Exhibit "A" attached hereto
(collectively, the "Financed Project"); and
WHEREAS, such payments may be made in multiple phases as part of various road
widening projects that are being cost-shared with Harris County, Texas; and
WHEREAS, in certain circumstances, federal and/or state law requires that the City
express its official intent to issue obligations to reimburse itself for expenditures paid prior to the
issuance of such obligations in order for such expenditures to be eligible for reimbursement from
proceeds of such obligations; and
WHEREAS, the City desires to reimburse itself for the costs associated with the Financed
Project from the proceeds of obligations to be issued subsequent to the date hereof; and
WHEREAS, the City reasonably expects to issue obligations to reimburse itself for the
costs associated with the Financed Project; and
WHEREAS, Section 1.150-2(d)(2) of the Treasury Regulations sets forth limitations
regarding the timing of reimbursements made from the proceeds of certain tax-exempt obligations;
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City reasonably expects to reimburse itself for costs that have been
or will be paid subsequent to the date that is sixty(60) days prior to the date hereof and that are to
be paid in connection with the Financed Project from the proceeds of obligations to be issued
subsequent to the date hereof.
Section 2: That the City reasonably expects that the maximum principal amount of
obligations issued to reimburse the City for the costs associated with the Financed Project will not
exceed the amounts identified in Exhibit "A."
Section 3: That unless otherwise advised by bond counsel, any reimbursement
allocation will be made not later than eighteen(18)months after the later of(1)the date the original
expenditure is paid or(2) the date on which the Financed Project to which the expenditure relates
is placed in service or abandoned, but in no event more than three (3) years after the original
expenditure is paid.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the
City of Baytown this 28"' day of April, 2022.
NDON CAPETILLO, Mayor
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APPROVED AS TO FORM:
TREVOR VANNING, Interim City Attorney
R:Karen Anderson\RESOLUTIONS CITY COUNCIL 2022 2022.0428 ReimbursementResolution-RoadWideningProjects.docx
EXHIBIT A
DESCRIPTION OF PROJECT
Purpose/Project Amount
The design, construction, acquisition, equipment, and $20,000,000
improvement of road widening projects.