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CC Resolution No. 251510ckrel"it olzursIP &I 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; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ****************************************************************************** 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 a surface water treatment plant to be located at 7444 FM 1405 Baytown, TX 77523 (the "Surface Water Treatment Plant") and related infrastructure as part of the Project (as defined in the Water Supply Contract); and WHEREAS, pursuant to Sections 8104.301 and 8104.302 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 (i) the design, construction, acquisition and equipment of the first phase of the Surface Water Treatment Plant and related infrastructure and (ii) 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 (i) the design, construction, acquisition and equipment of the Surface Water Treatment Plant and related infrastructure and (ii) 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 $30,000,000, 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: Effective Date. This resolution shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative v of the City Council of the City of Baytown this the 22nd day of March, 2018. ST HEN H. DONCARLOS, May, r ATTEST: / LETICIA BRYSCH, City erk ,Al�� APPROVED AS TO FORM: cR V J Mt4� l" I ACIO RAMIREZ, SR., Attorney 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 March, 2018, 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: Stephen H. DonCarlos Mayor Laura Alvarado Council Member, District 1 Chris Presley Council Member, District 2 Charles R. Johnson Council Member, District 3 Heather Betancourth Council Member, District 4 Robert C. Hoskins Council Member, District 5 David Himsel Council Member, District 6 and all of said persons were present, except the following absentee(s): N° 4115� thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written RESOLUTION NO. 2515 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: 4 Member(s) of City Council shown present above voted "Aye". Q Member(s) of City Council shown present above voted "No". 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, quid 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. SIGNED AND SEALED this 23d day of March, 2018. y�l C i o� Pa�N City Clerk City of Baytown, Texas °co �T 117Ay �