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Ordinance No. 9,3910 9 ORDINANCE NO. 9391 ORDINANCE EXPRESSING INTENT TO FINANCE EXPENDITURES TO BE INCURRED WHEREAS, the City of Baytown, Texas (the "City "), is a home -rule city of the State of Texas, 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 of 1986, as amended (the "Code "); and WHEREAS, the City 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 listed on Exhibit A attached hereto; and WHEREAS, the City desires to reimburse itself for the costs associated with the property listed on Exhibit A attached hereto from the proceeds of tax - exempt obligations to be issued subsequent to the date hereof; and WHEREAS, the City reasonably expects to issue tax- exempt obligations to reimburse itself for the costs associated with the property listed on Exhibit A attached hereto; NOW, THEREFORE, be it ordained that: Section 1. The City 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 listed on Exhibit A attached hereto from the proceeds of tax- exempt obligations to be issued subsequent to the date hereof. Section 2, The City reasonably expects that the maximum principal amount of tax - exempt obligations issued to reimburse the City for costs associated with the property listed on Exhibit A attached hereto will not exceed $2,500,000. Section 3. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only.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 ordinance 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 ordinance and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this ordinance to any other person or circumstance shall not be affected thereby. ® Section 5. The City Council officially finds, determines and declares that a sufficient written notice of the date, hour, place and subject of each meeting at which this ordinance was discussed, considered or acted upon was given in the manner required by the Texas Open Meetings Act, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. PASSED AND APPROVED this 25th day of July, 2002. ATTEST: j�L4�4�1 G Y W. SMITH, City Clerk City of Baytown, Texas (SEAL) 11 de-Z C. � PETE C. ALPARO, Nfayor City of Baytown, Texas • EXHIBIT A DESCRIPTION OF PROPERTY Item or Fund -- Described by Amount -- Described by Character, Type or Purpose Cost, Quantity or Size Big Missouri Lift Station and Force Main $1,490,000 Pinehurst I Sewer 250,000 School Courts Sewer 250,000 West District Wastewater Treatment Plant Improvements Study 125,000 Eva Maude Sewer Rehabilitation 330,000