BAWA Resolution - Amendment for Water Rights for Lake Conroe RESOLUTION AUTHORIZING AN AMENDMENT AND ADDENDUM TO
APPLICATION TO ACQUIRE THE STATE 'S INTEREST IN
LAKE CONROE FROM THE TEXAS WATER DEVELOPMENT BOARD
WHEREAS, the Baytown Area Water Authority (the
"Authority") has filed an application with the Texas Water
Development Board (the "Board") to purchase 20.18% of the
water storage space in Lake Conroe;
' WHEREAS, the Board has informed the Authority that
it now owns 18. 34% of such Vater storage space and the Au-
thority desires to purchase all of such water storage space,
or so much thereof as the Board may own at the time the
Application is granted;
WHEREAS, the Authority deems it necessary and ad-
visable to amend and add certain items of information to the
Application to the Board.
THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
BAYTOWN AREA WATER AUTHORITY THAT:
Section 1. The General Manager of the Authority
is authorized and directed, for and on behalf of the Au-
thority to date, sign, seal, and otherwise execute the First
Amendment and Addendum to the Application in substantially
the form and substance set forth in Exhibit A, which exhibit
is attached hereto and made a part hereof.
Section 2. The General Manager of the Authority
or the attorneys for the Authority, or either of them, are
hereby authorized to file such First Amendment and Addendum
to the Application with the Board and with any other approp-
riate.- governmental agency, including the Texas Water Rights
Commission. s
Section 3. The General Manager of the Authority,
the attorneys for the Authority with respect to the Appli-
cation, Fulbright & Crooker, the consulting engineers for
the Authority with respect to the Application, Lockwood,
Andrews & Newnam, and the financial advisors for the Au-
thority with respect to the Application, Underwood, Neuhaus
& Co. Incorporated, and such other officials of the Authority
as the General Manager desires to have present, are hereby
authorized to appear at any public meeting of the Board,
or any other governmental agency, with respect to the
i
Application.
Section 4. The General Manager is authorized to
further amend and supplement the Application with facts
within the knowledge of the General Manager, at his dis-
cretion, at any time which he deems advisable or necessary
in connection with obtaining the approval by the Board of
the Application, as amended and supplemented from time to
time.
BEFORE THE TEXAS WATER DEVELOPMENT BOARD
IN RE: APPLICATION TO ACQUIRE THE STATE'S INTEREST IN LAKE CONR_OE FROM THE
TE S WATER DEVELOPMENT BOARD
FIRST AMENDMENT AND ADDENDUM TO APPLICATION OF THE
BAYTOWN AREA WATER AUTHORITY
1 . By Application dated August 6, 1974 (the "Original Application") ,
the Baytown Area Water Authority (hereinafter called the "Authority") , created,
organized, and existing under the provisions of Chapter 600, Acts of the 63rd
Legislature of the State of Texas, Regular Session, 1973, 63rd Legislature of
the State of Texas, Regular Session, 1973, in order that the City of Baytown,
Texas (the "City") , and its adjoining areas may be assured of an adequate supply
of water, applied to the Texas Water Development Board (the "Board") to pur-
chase the State's interest in Lake Conroe.
2. The Original Application and this First Amendment and Addendum to
the Original Application (hereinafter collectively called the "Application")
was and is presented pursuant to the Rules, Regulations, and Policies of the
Board.
3. The Authority's General Manager, and official representative, is
Mr. Fritz Lanham, whose address is City Hall , Baytown, Texas, and he is the
representative of the Authority to whom correspondence may be directed.
4. The Authority has designated Lockwood, Andrews & Newnam, Houston,
Texas, as the engineer for the Application.
5. The Authority's legal counsel for the Application is Fulbright &
Crooker, 800 Bank of the Southwest Building, Houston, Texas 77002.
6. The Original Application assumed that the Board owned 20.18% of
the water storage space in Lake Conroe; however, the Board has informed the
Authority that it now owns an 18.34% undivided interest in Lake Conroe. The
Authority desires to purchase all of such water storage space, or so much
thereof as the Board may own at the time this Application is granted, at a
purchase price equal to the State's Investment ($5,376,035.42) plus statutory
interest to the date of such purchase (the "Purchase Price").
7. The Authority will propose to issue its revenue bonds in a total
principal amount now contemplated to be $ 6,000,000 (the "Bonds") , and de-
liver the Bonds to the Board as the payment for the Purchase Price. The Bonds
would be secured pursuant to the terms of a contract between the Authority and
the City, which contract is conditioned upon approval of the voters in an
election by the qualified voters of the City to be called in the near future.
Payments made by the City pursuant to such contract would be from the revenues
generated by the City's waterworks and sewer system. The proposed debt service
schedule for the Bonds is attached hereto as Annex I, and incorporated by re-
ference herein.
8. Since the Bonds would be used solely to pay the Purchase Price,
no major facilities or other items needed to make use of the facilities will
be acquired. However, additional bonds would be issued by the Authority for
such purpose after acquisition by the Authority of the State's interest re-
quested herein.
E X H I B IT "A"
9 . The Authority requests that the Board grant
to the Authority a preliminary approval of the Application
so that it may proceed to call the above referred to election
and to prepare a proposed transfer agreement.
10. The Authority will supplement the Application
from time to 'time with factual information, the results of
the election held by the City, and related matters as such
events occur. Meanwhile, as above requested, the Authority
requests that the Board commence its consideration of the
Authority's request to purchase the described conservation
storage space in Lake Conroe, and to make such investigation
and such studies as the Board may determine to be necessary
or advisable.
WITNESS THE HAND OF THE GENERAL MANAGER OF THE
AUTHORITY, pursuant to a Resolution duly adopted by the
Board of Directors of the Authority on the -_.�JZ day of
September, 1974.
BAYTOWN AREA WATER AUTHORITY
By
Fritz La ham, neral Manager
(AUTHORITY'S SEAL)
BD 104
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ANNEX I
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9 3 Z a IC
CERTIFICATE FOR
RESOLUTION AUTHORIZING AN AMENDMENT AND
ADDENDUM TO APPLICATION TO ACQUIRE THE
STATE'S INTEREST IN LAKE CONROE FROM THE
TEXAS WATER DEVELOPMENT BOARD
THE STATE OF TEXAS §
COUNTY OF HARRIS §
BAYTOWN AREA WATER AUTHORITY §
WE, the undersigned officers of the Board of Directors of the
Baytown Area Water Authority (hereinafter called the "Board") , hereby
certify as follows :
1. The Board convened in special session on the 16th day of
September, 1974 , at the disignated meeting place, and the roll was
called of the duly constituted officers and members of the Board,
to-wit:
E. C. Kimmons, Jr. , President
Robert L. Gillette, Vice President
Paul R. Jason, Secretary
Tillman D. O'Brien, Jr. , Director
I . J. Butrick, Director
and all of said persons were present, thus constituting a quorum.
Whereupon among other business, the following was transacted at said
Meeting: a written
RESOLUTION AUTHORIZING AN AMENDMENT AND ADDENDUM TO
APPLICATION TO ACQUIRE THE STATE 'S INTEREST IN
LAKE CONROE FROM THE TEXAS WATER DEVELOPMENT BOARD
was duly introduced for the consideration of the Board and read in
full. It was then duly moved and seconded that such Resolution be
adopted; and, after due discussion, said motion, carrying with it
the adoption of such Resolution, prevailed and carried by the follow-
ing votes:
AYES : All Board members present as stated above voted "Aye. "
NOES : None
2. A true, full, and correct copy of the aforesaid Resolution
adopted at the Meeting described in the above and foregoing paragraph
is attached to and follows this Certificate; such Resolution has been
duly recorded in the Board' s minutes of such Meeting; the above and
foregoing paragraph is a true, full, and correct excerpt from the
Board' s minutes of such Meeting pertaining to the adoption of such
Resolution; the persons named in the above and foregoing paragraph
are the duly chosen, qualified, and acting officers and members of
the Board as indicated therein; each of the officers and members of
the Board was duly and sufficiently notified officially and personally,
in advance, of the time, place, and purpose of such Meeting, and that
such Resolution would be introduced and considered for adoption at
such Meeting and each of said officers and members consented, in
advance, to the holding of such Meeting for such purpose; and such
Meeting was open to the public, and public notice of the time, place,
and purpose of such Meeting was given, all as required by Article
6252-17, Vernon' s Texas Civil Statutes, as amended.
SIGNED ND SEALED this 17th day of September, 1974 .
14•
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Secretary, Board of Directors Pre i e and of Di ec
(SEAL)