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HomeMy WebLinkAboutRES 24-305RESOLUTION NO. 24-305 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, a resolution by the City Council of the City of Beaumont, Texas (the "City") authorizing the City Manager, Kenneth R. Williams, the Designated Representative of the City, to execute an agreement with the Texas Water Development Board for funding in an amount not to exceed $7,610,000.00; and, WHEREAS, the Texas Water Development Board made a commitment to provide financial assistance in an amount not to exceed $7,610,000.00 to finance the Lead Service Line Inventory and Replacement Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. Approval of Agreement. The agreement setting out the terms and conditions of the financial assistance between the Texas Water Development Board and the City is approved and the City's Designated Representative is authorized to execute the agreement on behalf of the City. Section 2. Effective Date. This Resolution shall become effective immediately after its adoption. Section 3. Engagement of Professionals. That the following firms and individuals are hereby authorized and directed to aid and assist in the preparation and submission of such application and appear on behalf of and represent the before any hearing held by the Texas Water Development Board on such application, to wit: Financial Advisor: RBC Capital Markets, R. Dustin Traylor, Managing Director Engineer: CDM Smith, Wendy M. Lundeen, PE, PMP Bond Counsel: Holland & Knight LLP, Derrick Mitchell, Partner PASSED BY THE CITY COUNCIL of the City of November, 2024. ATTEST: JIM.AJAWIMi City Clerk - t this the 19th day of Mayor West - Application Affidavit THE STATE OF TEXAS COUNTY OF Jefferson APPLICANT City of Beaumont TWDB-0201 Rev 2/23 BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared Kenneth R. Williams as the Authorized Representative of the City of Beaumont, Texas, who being by me duly sworn, upon oath says that: The decision by the City (authority, city, county, corporation, district) to request financial assistance from the Texas Water Development Board ("TWDB") was made in a public meeting held in accordance with the Open Meetings Act (Government Code, §551.001, et seq.) and after- providing such notice as required by such Act as is applicable to the City (authority, city, county, corporation, district). 2. The information submitted in the application is true and correct according to my best knowledge and belief. The City (authority, city, county, corporation, district) has no litigation or other proceedings pending or threatened against it that would materially adversely affect its financial condition or ability to issue debt. 4. The City (authority, city, county, corporation, district) has no pending, threatened, or outstanding judgments, orders, fines, penalties, taxes, assessment or other enforcement or compliance issue of any kind or nature by the Environmental Protection Agency, Texas Commission on Environmental Quality, Texas Comptroller, Texas Secretary of State, or any other federal, state or local government, except for the following (if no such outstanding compliance issues, write in "none"): The City (authority, city, county, corporation, district) warrants compliance with the representations made in the application in the event that the TWDB provides the financial assistance. 6. The City (authority, city, county, corporation, district) is or will become in compliance with all of its materials contracts. The City (authority, city, county, corporation, district) will comply with all applicable federal laws, rules, and regulations as well as the laws of this state and the rules and regulations of the TWDB. Official Representative SWORN TO AND SUBSCRIBED BEFORE ME, by on this the day of , 20 (NOTARY'S SEAL) Notary Public, State of Texas #512277625 vl TWDB-0201B Rev 11/16 Application Resolution — Certificate of City Clerk THE STATE OF TEXAS COUNTY OF Jefferson APPLICANT City of Beaumont I, the undersigned, City Clerk of the City of Beaumont, Texas, DO HEREBY CERTIFY as follows: 1. That on the 19th day of November, 2024, a regular meeting of the City Council was held; the duly constituted members of the City of Beaumont. Texas being as follows: all of whom were present at the meeting, except the following: Among other business considered at the meting, the attached resolution entitled: "A RESOLUTION by the City Council of the City of Beaumont requesting financial participation form the Texas Water Development Board; authorizing the filing of an application for financial participation; and making certain findings in connection therewith." was introduced and submitted to the City Council for passage and adoption. After presentation and consideration of the resolution, and upon a motion made by and seconded by , the resolution was passed and adopted by the by the following vote: voted "For" voted "Against" abstained all as shown in the official minutes of the for this meeting. 2. That the attached resolution is a true and correct copy of the original on file in the official records of the City of Beaumont; the qualified and acting members of the City Council on the date of this meeting are those persons shown above and, according to the records of my office, advance notice of the time, place, and purpose of meeting was given to each member of the ; and that the meeting, ang the deliberations of the public business described above, was open to the public and written notice of the meeting, including the subject of the resolution described above, was posted and given in advance of the meeting in compliance with the provisions of Chapter 551 of the Texas Government Code. IN WITNESS WHEREOF, I have signed my name and affixed the seal of the this the day of , 20 City Clerk (SEAL) #512277378_v2