BAWA Resolution No. 2018-08RESOLUTION NO. 2018-08
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.
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WHEREAS, the Baytown Area Water Authority (`BAWA")"), is a conservation and
reclamation district created under Section 59, Article XVI, Texas Constitution, 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: That the Baytown Area Water Authority 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: That the Baytown Area Water Authority reasonably expects that the
maximum principal amount of tax-exempt obligations issued to reimburse the Baytown Area Water
Authority for costs associated with the property/project listed on Exhibit "A" attached hereto will not
exceed FORTY-SIX MILLION AND NO/100 DOLLARS ($46,000,000.00).
Section 3: All resolutions and parts of resolutions in conflict herewith are hereby
repealed to the extent of the conflict only.
Section 4: If any word, phrase, clause, sentence, paragraph, section or other part of this
resolution or the application thereof to any person or circumstance shall ever be held to be invalid or
unconstitutional by any court of competent jurisdiction, the remainder of this resolution and the
application of such word, phrase, clause, sentence, paragraph, section, or other part of this resolution
to any other person or circumstance shall not be affected thereby.
Section 5: This resolution shall take effect immediately from and after its passage by the
Board of Directors of the Baytown Area Water Authority.
INTRODUCED, READ and PASSED, by the affirmative vote of the Board of Directors of
the Baytown Area Water Authority this the 21 st day of February, 2018.
IAT ST:
LETICIA BRYSCH, sistant Secretary
APPROVED AS TO FORM:
I ACIO RAMIREZ, SR. eneral Counsel
r' IILLI--z- � 1"'G LLtL
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$RENDA BRADLEY SMITH, President
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�NAT�A
EXHIBIT A
DESCRIPTION OF PROPERTY/PROJECT
Exhibit "A," Page Solo