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BAWA Resolution No. 2014-04RESOLUTION NO. 2014-04 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN AREA WATER AUTHORITY EXPRESSING INTENT TO FINANCE EXPENDITURES TO BE INCURRED; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** WHEREAS, the Baytown Area Water Authority (`BAWA "), a governmental agency and a body politic and corporate of the State of Texas, created pursuant to Chapter 600, Acts of the 63rd Legislature, Regular Session, 1973, is authorized to issue obligations to finance its activities pursuant to the Texas Government Code and other laws of said state, the interest on which is excludable from gross income for federal income tax purposes ( "tax- exempt obligations ") pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the "Code "); and WHEREAS, BAWA will make, or has made not more than 60 days prior to the date hereof, payments with respect to the acquisition, construction, reconstruction or renovation of the property/project listed on Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes; and WHEREAS, BAWA desires to reimburse itself for the costs associated with the acquisition, construction, reconstruction or renovation of the property/project listed on Exhibit "A" attached hereto from the proceeds of tax- exempt obligations to be issued subsequent to the date hereof; and WHEREAS, BAWA reasonably expects to issue tax- exempt obligations to reimburse itself for the costs associated with the property/project listed on Exhibit "A" attached hereto; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BAYTOWN AREA WATER AUTHORITY: Section 1: BAWA reasonably expects to reimburse itself for all costs that have been or will be paid subsequent to the date that is 60 days prior to the date hereof and that are to be paid in connection with the acquisition, construction, reconstruction or renovation of the property /project listed on Exhibit "A" attached hereto from the proceeds of tax- exempt obligations to be issued subsequent to the date hereof. Section 2: BAWA reasonably expects that the maximum principal amount of tax- exempt obligations issued to reimburse BAWA for costs associated with the property/project listed on Exhibit "A" attached hereto will not exceed THREE MILLION AND NO /100 DOLLARS ($3,000,000.00). Section 3: All resolutions and parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict only. Section 4: If any word, phrase, clause, sentence, paragraph, section or other part of this resolution or the application thereof to any person or circumstance shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this resolution and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this resolution to any other person or circumstance shall not be affected thereby. Section 5: 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 16th day of A ril 2014. ;,ulu MIKE WILSON, Vice President Mftic)&h� L TICIA BRYSCH, Assis APPROVED AS TO FORM: fN�; -!1 \yv 1 Secretary f614111iilil,0\1 GNACIO RAMIREZ, SR., a eral Counsel R:U Caren\Files\BAWA\ Resolution\2014 Wpril\ReimbursementResolution. doc 2 EXHIBIT A DESCRIPTION OF PROPERTY/PROJECT Certificates of Obligation, Series 2015 Property Acquisition for the BAWA East Project $3,000,000 TOTAL $3,000,000 Exhibit "A," Page Solo