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MDD Resolution No. 355RESOLUTION NO. 355 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT, 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 Municipal Development District (`BMDD"), is a political subdivision of the State of Texas and the City of Baytown, created under Chapter 377 of the Texas Local Government Code, 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, BMDD will make, or has made not more than 60 days prior to the date hereof, payments with respect to the design, acquisition, construction, and/or equipping of the property/project listed on Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes; and WHEREAS, BMDD desires to reimburse itself for the costs associated with the design, acquisition, construction, and/or equipping 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, BMDD 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 MUNICIPAL DEVELOPMENT DISTRICT: Section 1: That the Baytown Municipal Development District 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 design, acquisition, construction, and equipping 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 Municipal Development District reasonably expects that the maximum principal amount of tax-exempt obligations issued to reimburse the Baytown Municipal Development District for costs associated with the property/project listed on Exhibit "A" attached hereto will not exceed FORTY-THREE MILLION AND N0/100 DOLLARS ($43,000,000.00). 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 Municipal Development District. INTRODUCED, READ and PASSED, by the affirmative vote the Baytown Municipal Development District this the 6h day of Seplp 1.1 ATTEST: L TICIA BRYSCH, Assi ant Secretary APPROVED AS TO FORM: JACIO RAMIREZ, SR., eral Counsel Board of Directors of 2018. RAKaren\Files\City Council\Municipal Development District\Resolutions\2018'September\ReimbursementResolution.doc J DESCRIPTION OF PROPERTY/PROJECT Revenue Bonds, Series 2018 or 2019 Baytown Convention Center Hotel project TOTAL Exhibit "A," Page Solo $43,000,000 $43,0009000