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Resolution - Harris County Municipal Utility District No. 213• A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN AREA WATER AUTHORITY EXPRESSING THE INTENT OF BAYTOWN AREA WATER AUTHORITY TO SERVE HARRIS COUNTY MUNICIPAL DISTRICT NO. 213 ONCE THE BAWA TRANSMISSION LINE PROJECT IS COMPLETED AND FULLY OPERATIONAL AT THE APPLICABLE WHOLESALE RATE; INTERPOSING NO OBJECTION FOR CITY OF BAYTOWN TO PROVIDE WATER SERVICE PRIOR TO THE COMPLETION OF THE BAWA TRANSMISSION LINE PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ************************************************************************** WHEREAS, the service area of Harris County Municipal Utility District No. 213 (the "MUD") is located within an area in which the Baytown Area Water Authority ("BAWA") has obtained a certificate of convenience and necessity for water service; and WHEREAS, BAWA will be able to provide potable water service to the MUD's service area once the transmission line project along Wallisville Road at Garth Road (the "Project") is complete and operational; and WHEREAS, until such time, BAWA has no objection to the MUD obtaining water utility services from the City of Baytown; and WHEREAS, once the Project is complete and operational, the MUD will obtain water from BAWA at the applicable wholesale rate upon payment of all applicable fees, including, but not limited to capital buy -in fees; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BAYTOWN AREA WATER AUTHORITY: Section 1: That the Board of Directors of the Baytown Area Water Authority hereby expresses its intent to serve Harris County Municipal District No. 213 once the BAWA transmission line project is completed and fully operational at the applicable wholesale rate. Section 2: That the Board of Directors of the Baytown Area Water Authority hereby interposes no objection for City of Baytown to provide water service prior to the completion of the BAWA transmission line project. Section 3: This resolution shall take effect immediately from and after its passage by the Board of Directors of the Baytown Area Water Authority. INTRODUCED, READ and PASSED, by the affirmative vote of the Board of Directors of the Baytown Area Water Authority this the 17th day of November, 2004. ROBERT . GILLETTE, Chairman • • ATTEST: al5miUi, GA' Y `+ . SMITH, Assistant Secretary APPROVED AS TO FORM: kiVa$Vd)/ —• e ACIO RAMIREZ, 1., General Counsel \\Bdc2\litigation\Karen\Files\BAWA\Resolution\MUD213Itent.doc