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BAWA Resolution - Application for water rights from Lake Conroe CERTIFICATE FOR RESOLUTION AUTHORIZING APPLICATION TO ACQUIRE THE STATE'S INTEREST IN LAKE CONROE FROM THE TEXAS WATER DEVELOPMENT BOARD THE STATE OF TEXAS COUNTY OF HARRIS S 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 6th day of August, 1974, at the designated meeting place, and he roll was called of the duly con- stituted 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, except the following absentees: Robert L. Gillette, Vice President , thus constituting a quorum. Whereupon among other business , the following was transacted at said Meeting: a written RESOLUTION AUTHORIZING 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 dis- cussion, said motion, carrying with it the adoption of such Resolution, prevailed and carried by the following 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 fore- going 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 of- ficers 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. SIGN AND SEALED this sth day of 1974. �I Secretary, Board of Directors r s d oard o� D' ec rs (SEAL) RESOLUTION AUTHORIZING 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 been informed and believes that the Texas Water Development Board (the "Board") presently owns 20 .18% of the water storage space in Lake Conroe, or approximately fifteen million gallons of water per day. WHEREAS, the Authority desires to purchase all of such water storage space, or so much thereof as the Board may own at the time the Application authorized herein is granted. WHEREAS, the Authority proposes to issue its revenue bonds and deliver them to the Board as the payment for the purchase price of the State 's interest in the reservoir storage space, which bonds would be additionally secured pursuant to the terms of a contract between the Authority and the City of Baytown, Texas , which contract is to be the subject of an election by the qualified voters of the City of Baytown, Texas , to be called in the near future; and WHEREAS, the Authority deems it necessary and ad- visable at this time to make application to the Board to ac- quire the State' s interest in Lake Conroe. 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 Authority to date, sign, seal, and otherwise execute an Application to Acquire the State's Interest in Lake Conroe from the Texas Water Development Board (the "Application") , in substantially the form and substance set forth in Exhibit "A" , which 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 the Application with the Texas Water Development Board and with any other appropriate governmental agency and the General Manager and the attorneys , or either of them, are authorized to do all things necessary or proper in connection with the Application to carry out the intent thereof. EXH1131T, A BEFORE THE TEXAS WATER DEVELOPMENT BOARD IN RE: APPLICATION TO ACQUIRE THE STATE' S INTEREST IN LAKE CONROE FROM THE TEXAS WATER DEVELOPMENT BOARD 1. This Application is presented pursuant to the Rules, Regulations and Policies of the Texas Water Development Board (hereinafter called "Board") . 2 . Applicant is 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, in order that the City of Baytown, Texas , and its adjoining areas might be assured of an adequate supply of water. 3. Authority' s General Manager is Mr. Fritz Lanham, whose address is City Hall , Baytown, Texas , and is the rep- resentative of the Authority to whom correspondence may be directed. 4 . The Authority will designate a project engineer at some time in the future. 5. The Authority's legal counsel is Fulbright & Crooker, 800 Bank of the Southwest Building, Houston, Texas 77002 . 6 . The Authority is informed and believes that the Board presently owns 20 .180 of the water storage space in Lake Conroe , or approximately 15 million gallons of water per day. 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. 7 . The Authority would propose to issue its revenue bonds and deliver them to Board as the payment for the pur- chase price of the State 's interest in the reservoir storage space. Such bonds would be additionally secured pursuant to the terms of a contract between the Authority and the City of Baytown, Texas , which contract is to be the subject of an election by the qualified voters of the City of Baytown, Texas , to be called in the near future . 8 . The Authority will supplement this Application from time to time with factual information, the results of the election held by the City of Baytown, and related matters , as such events occur. Meanwhile , the Authority requests that the Board commence its consideration of the request to pur- chase the described conservation storage space in Lake Conroe, and to make such investigation and such studies as such Board may determine. WITNESS THE HAND OF THE GENERAL MANAGER OF THE AUTHORITY, pursuant to a Resolution adopted by the Board of Directors of the Authority on the 6th day of August, 1974 . BAYTOWN AREA WATER AUTHORITY (AUTHORITY' S SEAL) By Fritz Lanham, General Manager