BAWA Resolution No. 2025-4 RESOLUTION NO. 2025-4
M Dli-u`o l
Re% 11 16
Application Filing and Authorized Representative Resolution
A RESOLUTION b) the Board of Directors of the
Baytown Area Water Authority requesting financial assistance from the Texas \\ater
Dei.elopment Board. authorizing the filing of an application for assistance: anti making certain findings in
connection there%%ith.
BE IT RESOLVED BY THE Board of Directors OF
rFIL Baytown Area Water Authority ~
SECTION I• That an application is hereby approved and authorized to be filed with the Texas \later
De%eiopment Board seeking, financial assistance in an amount not to exceed S 69,000,000 to pros tde
for cite costs of water system improvements, including the BAWA East SWTP Expansion Project
SECTION 2 Thal the person serving as tr,e President ul the Board of Daec:ors or his or her designee be and is herebi,
deslgnatcd the authorized representative of the Baytown Area Water Authority l'or purposes
of furnlshine such information and esecutine such dOLUftleltti as nta) be required in connection ccith the preparation
and filing,of such application lur financial assistance and the rules of the I c\as \\ater De\elopment Board.
SECTION : rh:n the litlltmims firms and indniduak are herehc authorized and directed to aid anti assist
in the preparation and submission of such application and appear on behalf' of and represent the
Baytown Area Water Authority belore am hearing, held b\, the Teas \1 ater
Deselopment Board on such application.tO ccn
Financial \dc tsol Joseph W Morrow, Hilltop Securities, Inc.
700 Milam St., Suite 1200, Houston, TX 77002
Ellellteer Lindsay Kovar. PE. BGE. Inc
10777 Westheirner. Ste 400 Houston.TX 77042
Bond Counsel_ Jonathan K. Frels, Bracewell LLP
711 Louisiana St.. Suite 2300, Houston, TX 77002
ttttIIIIV SSED .\ND APPROVED.this the ,}y das tit- �' Ca.-
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EXHIBIT "A"
TAA DB-0201
Rev 2 23
Application Affidavit
THE STATE OF TEXAS §
COUNTY OF Harris/Chambers §
APPLICANT Baytown Area Water Authority §
BEFORE ME,the undersigned,a Notary Public in and for the State of Texas,on this day
personally appeared Brenda Bradley Smith as the Authorized Representative of the
Baytown Area Water Authority who being by me duly sworn,upon oath says that:
I. The decision by the Baytown Area Water Authority (authority,city,county,
corporation,district)to request financial assistance from the Texas Water Development Board("TWDB")was
made in a public meeting held in accordance with the Open Meetings Act(Government Code,§551.001,et seq,)
and after providing such notice as required by such Act as is applicable to the Baytown Area Water Authority(authority,
city,county,corporation,district).
2. The information submitted in the application is true and correct according to my best knowledge and
belief.
3. The Baytown Area Water Authority (authority,city,county,corporation,district)has
no litigation or other proceedings pending or threatened against it that would materially adversely affect its
financial condition or ability to issue debt.
4. The Baytown Area Water Authority
(authority,city,county,corporation,district) has no
pending,threatened,or outstanding judgments,orders,fines,penalties,taxes,assessment or other enforcement or
compliance issue of any kind or nature by the Environmental Protection Agency,Texas Commission on
Environmental Quality,Texas Comptroller,Texas Secretary of State,or any other federal,state or local government,
except for the following(if no such outstanding compliance issues,write in"none"):
"none"
5. The Baytown Area Water Authority (authority,city,county,corporation,district)
warrants compliance with the representations made in the application in the event that the TWDB provides the
financial assistance.
6. The Baytown Area Water Authority (authority,city,county,corporation,district)
is or will become in compliance with all of its material contracts.
7. The Baytown Area Water Authority (authority,city,county,corporation,district)will
comply with all applicable federal laws,rules,and regulations as well as the laws of this state and the rules and
regulations of the TWDB.
Official Representative
Title:
SWORN TO AND SUBSCRIBED BEFORE ME,by
on this .day of _ ,20
(NOTARY'S SEAL) .....
Notary Public,State of Texas
EXHIBIT "B"
T%N DB-0201 A
Rcv 11 16
Application Filing and Authorized Representative Resolution
A RESOLUTION by the Board of Directors of the
Baytown Area Water Authority _ requesting financial assistance from the Texas Water
Development Board; authorizing the filing of an application for assistance; and making certain findings in
connection therewith.
BE IT RESOLVED BY THE Board of Directors OF
THE Baytown Area Water Authority
SECTION l: That an application is hereby approved and authorized to be filed with the Texas Water
Development Board seeking financial assistance to an amount not to exceed S 69,000,000 to provide
for the costs of water system improvements, including the BAWA East SWTP Expansion Project
SECTION 2: That the person serving as the President of the Board of Directors or his or her designee be and is hereby
designated the authorized representative of the Baytown Area Water Authority for purposes
of furnishing such information and executing such documents as may be required in connection with the preparation
and filing of such application for financial assistance and the rules of the Texas Water Development Board.
SECTION 3: That the following firms and individuals are hereby authorized and directed to aid and assist
in the preparation and submission of such application and appear on behalf of and represent the
Baytown Area Water Authority before any hearing held by the Texas Water
Development Board on such application,to wit:
Financial Advisor: Joseph W. Morrow, Hilltop Securities, Inc.
700 Milam St., Suite 1200, Houston, TX 77002
Engineer: Lindsay Kovar, PE, BGE, Inc.
10777 Westheimer,Ste 400, Houston,TX 77042
Bond Counsel: Jonathan K. Frels, Bracewell LLP
711 Louisiana St., Suite 2300, Houston, TX 77002
PASSED AND APPROVED,this the day of 20 .
ATTEST: By:
(Seal)
EXHIBIT IIC't
TWDB-0201 B
Rev 11/16
Application Resolution - Certificate of Secretary
THE STATE OF TEXAS §
COUNTY OF Harris/Chambers §
APPLICANT Baytown Area Water Authority §
I,the undersigned,Secretary of the Baytown Area Water Authoritv Texas,
DO HEREBY CERTIFY as follows:
1. That on the 7th day of May 20 25 ,a regular special meeting of the
Bavtown Area Water Authority was held;the duly constituted members of the
Board of Directors being as follows:
Brenda Bradley Smith(President);Frank McKay III(Vice President);Jimmy Smith(Secretary);David Start,Jr.(Director);and Alyssa Linares(Director)
all of whom were present at the meeting,except the following:
Among other business considered at the meeting,the attached resolution entitled:
"A RESOLUTION by the Board of Directors of the Baytown Area Water Authority requesting
financial participation from the Texas Water Development Board;authorizing the filing of an application
for financial participation;and making certain findings in connection therewith."
was introduced and submitted to the Board of Directors for passage and adoption. After
presentation and consideration of the resolution,and upon a motion made by and
seconded by ,the resolution was passed and adopted by the
Board of Directors by the following vote:
voted"For" voted"Against" abstained
all as shown in the official minutes of the Board of Directors for this meeting.
2. That the attached resolution is a true and correct copy of the original on file in the official records
of the Board of Directors ;the qualified and acting members of the Board of Directors on
the date of this meeting are those persons shown above and,according to the records of my office,advance notice of
the time,place,and purpose of meeting was given to each member of the Board of Directors ;and that the
meeting,and the deliberations of the public business described above,was open to the public and written notice of
the meeting, including the subject of the resolution described above,was posted and given in advance of the meeting
in compliance with the provisions of Chapter 551 of the Texas Government Code.
IN WITNESS WHEREOF,I have signed my name and affixed the seal of
the this the day of 20
Secretary
(SEAL)
T W DB-0201 A
Rev 11/16
Application Filing and Authorized Representative Resolution
A RESOLUTION by the Board of Directors of the
Baytown Area Water Authority requesting financial assistance from the Texas Water
Development Board; authorizing the filing of an application for assistance; and making certain findings in
connection therewith.
BE IT RESOLVED BY THE Board of Directors OF
THE Baytown Area Water Authority
SECTION 1: That an application is hereby approved and authorized to be filed with the Texas Water
Development Board seeking financial assistance in an amount not to exceed $69,000,000 to provide
for the costs of water system improvements, including the BAWA East SWTP Expansion Project
SECTION 2: That the person serving as the President of the Board of Directors or his or her designee be and is hereby
designated the authorized representative of the Baytown Area Water Authority for purposes
of furnishing such information and executing such documents as may be required in connection with the preparation
and filing of such application for financial assistance and the rules of the Texas Water Development Board.
SECTION 3: That the following firms and individuals are hereby authorized and directed to aid and assist
in the preparation and submission of such application and appear on behalf of and represent the
Baytown Area Water Authority before any hearing held by the Texas Water
Development Board on such application,to wit:
Financial Advisor: Joseph W. Morrow, Hilltop Securities, Inc.
700 Milam St., Suite 1200, Houston, TX 77002
Engineer: Lindsay Kovar, PE, BGE, Inc.
10777 Westheimer, Ste 400, Houston, TX 77042
Bond Counsel: Jonathan K. Frels, Bracewell LLP
711 Louisiana St., Suite 2300, Houston, TX 77002
PAS D AND APPROVED,this the 7th day of May ,2025
By:
ssi lo retary, Board of Directors President, Board of Directors
S ~ �
Itt
TWDB-0201A
Rev 11/16
Application Filing and Authorized Representative Resolution
A RESOLUTION by the Board of Directors _ of the
Baytown Area Water Authority requesting financial assistance from the Texas Water
Development Board; authorizing the filing of an application for assistance; and making certain findings in
connection therewith.
BE IT RESOLVED BY THE Board of Directors OF
THE Baytown Area Water Authority
SECTION 1: That an application is hereby approved and authorized to be filed with the Texas Water
Development Board seeking financial assistance in an amount not to exceed $69.000,000 to provide
for the costs of water system improvements, including the BAWA East SWTP Expansion Project
SECTION 2: That the person serving as the President of the Board of Directors or his or her designee be and is hereby
designated the authorized representative of the Baytown Area Water Authority for purposes
of furnishing such information and executing such documents as may be required in connection with the preparation
and filing of such application for financial assistance and the rules of the Texas Water Development Board.
SECTION 3: That the following firms and individuals are hereby authorized and directed to aid and assist
in the preparation and submission of such application and appear on behalf of and represent the
Baytown Area Water Authority T� before any hearing held by the Texas Water
Development Board on such application,to wit:
Financial Advisor: Joseph W. Morrow, Hilltop Securities, Inc.
700 Milam St., Suite 1200, Houston, TX 77002
Engineer: Lindsay Kovar, PE, BGE, Inc.
10777 Westheimer, Ste 400, Houston, TX 77Q42
Bond Counsel: Jonathan K. Frels, Bracewell LLP
711 Louisiana St., Suite 2300, Houston, TX 77002
PASSED AND APPROVED,this the 7th day of May ,2025
\��tttltff� �
By.
=Q- As S retary, Board of Directors President, Board o irectors
�3
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�o eV1 `~c
S
r►ifit
TWDB-0201 B
Rev 11`16
Application Resolution - Certificate of Assistant Secretary
THE STATE OF TEXAS §
COUNTY OF Harris/Chambers §
APPLICANT Baytown Area Water Authority §
Assistant
I,the undersigned, Secretary of the Baytown Area Water Authority Texas,
DO HEREBY CERTIFY as follows:
1. That on the 7th day of May ,20 25 , a regular/special meeting of the
Bavtown Area Water Authoritv was held;the duly constituted members of the
Board of Directors being as follows:
Brenda Bradley Smith(President);Frank McKay III(Vice President);Jimmy Smith(Secretary);David Start,Jr.(Director);and Alyssa Linares(Director)
all of whom were present at the meeting,except the following:
Among other business eQ&dered at the meeting,the attached resolution entitled:
"A RESOLUTION by the Board of Directors of the Baytown Area Water Authority requesting
financial participation from the Texas Water Development Board;authorizing the filing of an application
for financial participation;and making certain findings in connection therewith."
was introduced and submitted to the Board of Directors for passage and adoption. After
presentation and consideration of the resolution,and upon a motion made by 0.A r� �r and
seconded by i"Aces ,the resolution was passed and adopted by the
Board of Directors I __ by the following vote:
✓ voted "For" voted "Against" abstained
all as shown in the official minutes of the Board of Directors for this meeting.
2. That the attached resolution is a true and correct copy of the original on file in the official records
of the Board of Directors ;the qualified and acting members of the Board of Directors on
the date of this meeting are those persons shown above and, according to the records of my office, advance notice of
the time,place,and purpose of meeting was given to each member of the Board of Directors ;and that the
meeting,and the deliberations of the public business described above, was open to the public and written notice of
the meeting, including the subject of the resolution described above,was posted and given in advance of the meeting
in compliance with the provisions of Chapter 551 of the Texas Government Code.
IN WITNESS WHEREOF, I have signed my name and affixed the seal of
the Baytown Area Water Authority ,this the 7th day of May_,20 25
G
0 Assist t ecretary, Board of Directors
TWDB-0201 B
Rev 11/16
Application Resolution - Certificate of Assistant Secretary
THE STATE OF TEXAS §
COUNTY OF Harris/Chambers §
APPLICANT Baytown Area Water Authority §
Assistant
I,the undersigned, Secretary of the Bavtown Area Water Authority Texas,
DO HEREBY CERTIFY as follows:
1. That on the 7th day of May ,20 25 ,a regular/special meeting of the
Bavtown Area Water Authoritv was held;the duly constituted members of the
Board of Directors being as follows:
Brenda Bradley Smith(President);Frank McKay III(Vice President);Jimmy Smith(Secretary);David Start,Jr.(Director);and Alyssa Linares(Director)
all of whom were present at the meeting,except the following:
VQAI-,� Mc" . l l 1
Among other business co sidered at the meeting,the attached resolution entitled:
"A RESOLUTION by the Board of Directors of the Baytown Area water Authority requesting
financial participation from the Texas Water Development Board;authorizing the filing of an application
for financial participation;and making certain findings in connection therewith."
was introduced and submitted to the Board of Directors for passage and adoption. After
presentation and consideration of the resolution,and upon a motion made by Qka.-J Qa&;t , r; and
seconded by &LSSA L.►LAi-e S ,the resolution was passed and adopted by the
Board of Directors r by the following vote:
.,-*'voted"For" voted"Against" abstained
all as shown in the official minutes of the Board of Directors for this meeting.
2. That the attached resolution is a true and correct copy of the original on file in the official records
of the Board of Directors ;the qualified and acting members of the Board of Directors on
the date of this meeting are those persons shown above and, according to the records of my office,advance notice of
the time,place,and purpose of meeting was given to each member of the Board of Directors ;and that the
meeting,and the deliberations of the public business described above,was open to the public and written notice of
the meeting, including the subject of the resolution described above,was posted and given in advance of the meeting
in compliance with the provisions of Chapter 551 of the Texas Government Code.
IN WITNESS WHEREOF, I have signed my name and affixed the seal of
the Baytown Area Water Authority ,this the 7th day of May ,20 25
P��%
p,WATFR�
00 0: Assista ecretary, Board of Directors
>�( L
' S '�
TWDB-0201 B
Rev 11/16
Application Resolution - Certificate of Assistant Secretary
THE STATE OF TEXAS §
COUNTY OF Harris/Chambers §
APPLICANT Baytown Area Water Authority §
Assistant
I,the undersigned, Secretary of the Bavtown Area Water Authority _ _ _Texas,
DO HEREBY CERTIFY as follows:
1. That on the 7th day of May ,20 25 ,a regular/special meeting of the
Bavtown Area Water Authority was held;the duly constituted members of the
Board of Directors being as follows:
Brenda Bradley Smith(President);Frank McKay III(Vice President);Jimmy Smith(Secretary);David Start,Jr.(Director);and Alyssa Linares(Director)
all of whom were present at the meeting,except the following:
�¢ oaV.. •Nk` k.aa t l t
Among other business conside ed at the meeting,the attached resolution entitled:
"A RESOLUTION by the Board of Directors of the Baytown Area Water Authority requesting
financial participation from the Texas Water Development Board;authorizing the filing of an application
for financial participation;and making certain findings in connection therewith."
was introduced and submitted to the Board of Directors for passage and adoption. After
presentation and consideration of the resolution,and upon a motion made by rJ and
"seconded by \J SSA V►"Pwe-b _ ,the resolution was passed and adopted by the
Board of Directors by the following vote:
�oted"For" voted"Against" abstained
all as shown in the official minutes of the Board of Directors _for this meeting.
2. That the attached resolution is a true and correct copy of the original on file in the official records
of the Board of Directors ;the qualified and acting members of the Board of Directors on
the date of this meeting are those persons shown above and, according to the records of my office,advance notice of
the time,place,and purpose of meeting was given to each member of the Board of Directors ;and that the
meeting,and the deliberations of the public business described above,was open to the public and written notice of
the meeting, including the subject of the resolution described above,was posted and given in advance of the meeting
in compliance with the provisions of Chapter 551 of the Texas Government Code.
IN WITNESS WHEREOF, I have signed my name and affixed the seal of
the Baytown Area Water Authority ,this the 7th day of May ,20 25
P\\\p.WATF��•,. n_0
o� G�y 0 Assistant cretary, Board of Directors
= F- (S X �
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++�Itti
TW DB-0201
Rev 2.23
Application Affidavit
THE STATE OF TEXAS §
COUNTY OF Harris/Chambers §
APPLICANT Baytown Area Water Authority §
BEFORE ME,the undersigned,a Notary Public in and for the State of Texas,on this day
personally appeared Brenda Bradley Smith as the Authorized Representative of the
Baytown Area Water Authority
who being by me duly sworn,upon oath says that:
1. The decision b the Baytown Area Water Authority
y (authority,city, county,
corporation,district)to request financial assistance from the Texas Water Development Board("TWDB")was
made in a public meeting held in accordance with the Open Meetings Act(Government Code, §551.001,et seq,)
and after providing such notice as required by such Act as is applicable to the Baytown Area Water Authority(authority,
city,county,corporation,district).
2. The information submitted in the application is true and correct according to my best knowledge and
belief.
3. The Baytown Area Water Authority (authority, city,county,corporation,district)has
no litigation or other proceedings pending or threatened against it that would materially adversely affect its
financial condition or ability to issue debt.
4. The Baytown Area Water Authority (authority,city,county,corporation,district) has no
pending,threatened,or outstanding judgments, orders, fines,penalties,taxes,assessment or other enforcement or
compliance issue of any kind or nature by the Environmental Protection Agency,Texas Commission on
Environmental Quality,Texas Comptroller,Texas Secretary of State,or any other federal,state or local government,
except for the following(if no such outstanding compliance issues, write in "none"):
none
5. The Baytown Area Water Authority (authori
ty,ty,city,county,corporation,district)
warrants compliance with the representations made in the application in the event that the TWDB provides the
financial assistance.
6. The Baytown Area Water Authority (authori
ty,ty,city,county,corporation,district)
is or will become in compliance with all of its material contracts.
7. The Baytown Area Water Authority(authority,city,county,corporation, district) will
comply with all applicable federal laws,rules,and regulations as well as the laws of this state and the rules and
regulations of the TWDB.
Official Representative
Title: President, Board of Directors
SWORN TO AND SUBSCRIBED BEFORE ME, by� L444_ SOMIAkI ,
on this day of ,2025
(N 4AJACKSON ��._�
Notarryy Pu io,State of Texas ---
• MY July Commissio Expires Notary P , State of Texas
31,2 n 8 c
°•;?v NOTARY ID,3080f3769
7. The Baytown Area Water Authority(authority,city,county,corporation,district)will
comply with all applicable federal laws,rules,and regulations as well as the laws of this state and the rules and
regulations of the TWDB.
�ffflficial epresentative
Title: President, Board of Directors
SWORN TO AND SUBSCRIBED BEFORE ME,bv— cA�- CZ51rv-%-.
on this 1 day of �i� ,20 V�
KSON
Notary Public,Stsls Off"a
My mmission EVlres Notary Public, tate of Texas
S July 31,2028
°9„'+' NOTARY ID 13OW9789