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HomeMy WebLinkAboutR11-244Resolution R11 -244 A RESOLUTION BY THE CITY OF PLAINVIEW, TEXAS, AUTHORIZING PARTICIPATION IN THE AMOUNT OF PROJECT CONSTRUCTION COSTS FOR THE CANADIAN RIVER MUNICIPAL WATER AUTHORITY AND THE APPROVAL OF AN AMENDMENT TO THE CITY'S CONJUNCTIVE USE GROUNDWATER SUPPLY AGREEMENT WITH THE CANADIAN RIVER MUNICIPAL WATER AUTHORITY WHEREAS, the City of Plainview, Texas (the "City has entered into that certain Agreement for the Purchase and Acquisition of Conjunctive Use Groundwater Supply (the "Agreement entered into as of May 15, 1996, as amended, with the Canadian River Municipal Water Authority (the "Authority and WHEREAS, the Authority has entered similar agreements with each of the other cities that are members of the Authority (the "Member Cities and WHEREAS, the Authority issued and has outstanding its Canadian River Municipal Water Authority Contract Revenue Bonds, Series 2005 (Conjunctive Use Groundwater Supply Project); Canadian River Municipal Water Authority Contract Revenue Refunding Bonds, Series 2005 (Conjunctive Use Groundwater Supply Project); Canadian River Municipal Water Authority Contract Revenue Bonds, Series 2006 (Conjunctive Use Groundwater Supply Project); Canadian River Municipal Water Authority Contract Revenue Bonds, Series 2009 (Conjunctive Use Groundwater Supply Project); and Canadian River Municipal Water Authority Contract Revenue Refunding Bonds, Series 2010 (Conjunctive Use Groundwater Supply Project); and WHEREAS, the Agreement requires certain notice requirements before the Authority may issue Additional Bonds, as defined in the Agreement; and WHEREAS, the Authority has given notice, as required under the Agreement, that it needs to issue an amount not to exceed $94,275,000 in Additional Bonds for the acquisition of Additional Water Rights for the Conjunctive Use Groundwater Supply Project (the "Project and WHEREAS, the additional amount needed in Project Construction Costs, exclusive of Financing Costs, is $93,000,000; and WHEREAS, to reduce the amount of bonds to be issued, the City agrees to the Authority's issuance of bonds as Subordinate Lien Bonds to eliminate the need of a reserve fund; and WHEREAS, the City agrees that the Additional Water Rights should be acquired, and a total par amount for the Canadian River Municipal Water Authority Subordinate Lien Contract Revenue Bonds, Series 2011 (Conjunctive Use Groundwater Supply 00533108;1 423 424 Project) should be issued for such purpose in a principal amount not to exceed $94,275,000 (the "Series 2011 Bonds and WHEREAS, the City agrees that the Authority may issue the Series 2011 Bonds on or after July 15, 2011. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS: SECTION 1. That the City agrees that the proposed total amount of Project Construction Costs for the acquisition of Additional Water Rights, exclusive of Financing Costs, should not exceed $93,000,000, and a total par amount for the Canadian River Municipal Water Authority Subordinate Lien Contract Revenue Bonds, Series 2011 (Conjunctive Use Groundwater Supply Project) should be issued for such purpose in a principal amount not to exceed $94,275,000, with the Authority contributing the amount necessary for the funding of the debt service reserve fund. SECTION 2. That the City has received notice and waives the timing requirement of Section 4.1 of the Agreement and agrees that the Authority may issue the Series 2011 Bonds on or after July 15, 2011. SECTION 3. That Amendment No. 5 to the Agreement for the Purchase and Acquisition of Conjunctive Use Groundwater Supply is hereby approved. SECTION 4. That the City Secretary be and is hereby authorized to deliver certified copies of this Resolution and minutes pertaining to its adoption and Amendment No. 5 to the Agreement for the Purchase and Acquisition of Conjunctive Use Groundwater Supply to the Secretary of the Canadian River Municipal Water Authority in such numbers as may be requested for said Authority's records and proceedings. 00533108;1 [The remainder of this page intentionally left blank.] -2- ATTEST: City Secretary City of PlainviE 'w, Texas [City Seal] 00533108;1 PASSED, APPROVED AND ENACTED this the 14 day of June, 2011. -3- ea 42 5r City of Plainvi Texas 425