CC Resolution No. 2889 RESOLUTION NO. 2889
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING THE ISSUANCE OF BONDS BY THE BAYTOWN
AREA WATER AUTHORITY; AND MATTERS RELATED THERETO
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WHEREAS, the Baytown Area Water Authority (the "Authority") is a governmental
agency and body politic operating and existing under the provisions of Chapter 600, Acts of the
63rd Legislature, Regular Session, 1973, as amended, and as codified in Chapter 8104, Texas
Special District Local Laws Code (the "Act"), and as a conservation and reclamation district
created pursuant to Article 16, Section 59, Texas Constitution; and
WHEREAS, the City of Baytown, Texas (the "City") and the Authority have previously
entered into an Amended and Restated Water Supply Contract Treated Water, as amended
from time to time (the "Water Supply Contract")-, and
WHEREAS, the City and the Authority wish to undertake the design, construction,
acquisition and equipment of (i) raw water rehabilitation projects and (ii) the expansion of the
east surface water treatment plant located at 7444 FM 1405 Baytown, TX 77523 (tile "Surface
Water Treatment Plant") and related infrastructure as part of the Project (as defined in the Water
Supply Contract); and
WHEREAS, pursuant to Section 8104.301 of the Act and other applicable law, the City
Council of the City (the "Council") wishes to approve the issuance of bonds by the Authority for
the purposes of the design, construction, acquisition and equipment of the (i) raw water
rehabilitation projects, (ii) expansion of the Surface Water Treatment Plant and related
infrastructure and (iii) paying the costs of issuing such Bonds;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF BAYTOWN, TEXAS:
Section 1: Definitions Findings and Determinations. The definitions, declarations,
findings and determinations included in the recitals to this Resolution are hereby adopted,
restated and made a part of the operative provisions hereof.
Section 2: Request to Issue the Bonds.
(a) The Council hereby approves the issuance by the Authority of bonds for the purposes
of the design, construction, acquisition and equipment of(1) raw water rehabilitation projects, (ii)
the expansion of the Surface Water Treatment Plant and related infrastructure and (iii) paying the
costs of issuing such Bonds.
(b) The bonds to be issued by the Authority for the purposes described in Subsection
(a) above shall be in an amount not to exceed $23,500,000, unless otherwise approved by
Council.
Section 3: Further Action. The City Manager, Assistant City Manager, Director of
Finance, City Attorney and their designees are hereby authorized to take such actions as may be
necessary or convenient in order to facilitate the issuance of the bonds by the Authority,
including, without limitation, providing information for, participating in the preparation of and
approving information related to the City contained in the preliminary official statement for the
bonds and assisting in the acquisition of ratings on the bonds.
Section 4: Open Meeting. it is hereby found, determined and declared that the
meeting at which this Resolution is considered is open to the public as required by law, and
public notice of the time, place and purpose of said meeting was given as required by Chapter
551, Texas Government Code, as amended. The Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 5: Effective Date. This Resolution shall become effective immediately upon
passage by the Council and signature of the Mayor.
lExecution Page Follows]
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INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the
City of Baytown this 22"d day of February, 2024.
—MZTNDON CAPETILLO, Ma r
ATTEST:
0
ON, City Clerk
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`P'SEXL ' ,°* co
Gt= �
APPROVED AS 0 FORM:
SCOTT L OND, City Attorney
Signature Page to City of Baytown, Texas Resolution No. �
1M-#10273302.2
CERTIFICATE FOR RESOLUTION
THE STATE OF TEXAS
COUNTIES OF HARRIS AND CHAMBERS §
I, the undersigned officer of the City Council of the City of Baytown, Texas, hereby certify as
follows:
1. The City Council of the City of Baytown, Texas, convened in a regular meeting
on the 22"d day of February, 2024, at the regular meeting place thereof, within said City, and the
roll was called of the duly constituted officers and members of said City Council, to wit:
Brandon Capetillo Mayor
Laura Alvarado Council Member, District 1
Sarah Graham Council Member, District 2
Ken Griffith Council Member, District 3
James Franco Council Member, District 4
Jacob Powell Council Member, District 5
Mike Lester Council Member, District 6
and all of said persons were present, except the following absentee(s): _ J _, thus constituting
a quorum. Whereupon, among other business, the following was transacted at said meeting: a
written
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING THE ISSUANCE OF BONDS BY THE BAYTOWN
AREA WATER AUTHORITY; AND MATTERS RELATED THERETO
was duly introduced for the consideration of said City Council and read in full. It was then duly
moved and seconded that said resolution be adopted; and, after due discussion, said motion,
carrying with it the adoption of said resolution, prevailed and carried by the following vote:
Member(s) of City Council shown present voted "Aye."
Member(s) of City Council shown present voted "No."
Member(s) of City Council shown present abstained from voting.
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; that
said resolution has been duly recorded in said City Council's minutes of said meeting; that the
above and foregoing paragraph is a true, full and correct excerpt from said City Council's
minutes of said meeting pertaining to the adoption of said resolution; that the persons named in
the above and foregoing paragraph are the duly chosen, qualified and acting officers and
members of said City Council as indicated therein; that each of the officers and members of said
City Council was duly and sufficiently notified officially and personally, in advance, of the date,
hour, place and purpose of the aforesaid meeting, and that said resolution would be introduced
and considered for adoption at said meeting, and each of said officers and members consented, in
advance, to the holding of said meeting for such purpose; that said meeting was open to the
public as required by law; and that public notice of the date, hour, place and subject of said
meeting was given as required by Chapter 551, Texas Government Code, as amended.
SIGNED AND SEALED this day of , 2024.
[SEAL] City Clerk
City of Baytown, Texas
FY24 Proposed Debt Issuance
BAWA Raw Water Rehabilitation • • 13,500,000
BAWA East Surface Water Plant Phase 2 Expansion 10,000,000
BAWA Total $ 23,500,000