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CC Resolution No. 2084 - ReimbursementBAWA RESOLUTION NO.2084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS.APPROVING THE BAYTOWN AREA WATER AUTHORITY'S 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")is a political subdivision of the State of Texas authorized to finance its activities by issuing obligations: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 project(s) listed on Exhibit A attached hereto(the"Financed Property");and WHEREAS,BAWA has concluded that it does not currently desire to issue obligations to finance the costs associated with the Financed Property;and WHEREAS.BAWA desires to reimburse itself for the costs associated with the Financed Property from the proceeds of obligations to be issued subsequent to the date hereof;and WHEREAS.BAWA reasonably expects to issue obligations to reimburse itself for the costs associated with the Financed Property:and WHEREAS.the legislation creating the Baytown Area Water Authority("BAWA")requires that the City Council of the City of Baytown approve contracts entered into by BAWA as well as BAWA's issuance of certain indebtedness.and WHEREAS.the City Council of the City of Baytown believes that BAWA's intent to finance expenditures is desirable.fair.and advantageous for the performance of the BAWA's rights and powers;NOW THEREFORE BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS: Section 1:That the City Council of the City of Baytown,Texas,hereby approves the Baytown Area Water Authority's intent to reimburse itself for costs,which: (a)are projected to be THREE MILLION AND NO/100 DOLLARS($3,000,000.00), (b)have been or will be paid subsequent to the date that is 60 days prior to the date hereof:and (c)are to be paid in connection with the acquisition,construction,reconstruction or renovation of the Financed Property from the proceeds of obligations to be issued subsequent to the date hereof. Section 2:All resolutions and parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict only. Section 3:1 f 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 4:This resolution shall take effect immediately from and alter its passage by the City Council of the City of Baytown. INTRODUCED.READ and PASSED by the affirmative vote of th City Council of the City of Baytown this the 22n`'day of July,2010. O�,5pYTOyyN�ST H DONCARLOS,yor AT' c.> LETI C'lerk APPROVED AS TO FORM: eit&ACIO RAMIREZ.SR..C'ttorney R:\Karen\Files\City Council\Resolutions\2010Vune 22\Reirnbursementresolut ion.DOC EXHIBIT A DESCRIPTION OF PROJECT Purpose/Project Amount Baytown Area Water Authority Water Treatment Plant Improvement Project$3,000.000.00 (Design and Phase I) Exhibit"A,"Page Solo