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Res 18-15 Requesting Financial Assistance from Texas Water Development Board and authorizing the filing of an application TOWN OF WESTLAKE RESOLUTION NO. 18-15 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, REQUESTING FINANCIAL ASSISTANCE FROM THE TEXAS WATER DEVELOPMENT BOARD; AUTHORIZING THE FILING OF AN APPLICATION FOR FINANCIAL PARTICIPATION AND DESIGNATION OF AUTHORIZED REPRESENTATIVES IN CONNECTION THEREWITH, TO FUND THE TOWN OF WESTLAKE'S PROPORTIONAL COSTS RELATED TO THE ENGINEERING AND CONSTRUCTION OF A REGIONAL 30" WATERLINE BY THE CITY OF FORT WORTH. WHEREAS, the Town of Westlake is wholesale water customer of the City of Fort Worth; and WHEREAS, the provision of water service throughout the Town of Westlake is of vital importance to the health, safety, and welfare of the citizens of Westlake; and WHEREAS, Westlake desires to secure and maintain an adequate potable water source for the health, safety, and welfare of the citizens of Westlake; and WHEREAS,the Town Council find that the request for financial assistance in an amount not to exceed $2,100,000.00 from the Texas Water Development Board and filing of an application for assistance is in conformance with the Town Financial Policies; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: All matters stated in the Recitals above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: The Town Council of the Town of Westlake hereby approves the request for financial assistance in an amount not to exceed $2,100,000.00 and filing of a Texas Water Development Board application for assistance. SECTION 3: The Town Council of the Town of Westlake hereby authorizes the Town Manager to execute and submit the application to the Texas Water Development Board on behalf of the Town of Westlake, Texas for such financial assistance; and that the Town Manager, together with the Town Attorney, Town Bond Counsel, Financial Advisor, and Town Engineer named in the Texas Water Development Board Application Filing and Authorized Resolution 18-15 Page 1 of 2 Representative Resolution form TWDB-0201A, attached hereto as Exhibit "A" are hereby authorized to appear before the Texas Water Development Board in support of such application and project. SECTION 4: That the Town Manager is further specifically authorized to make the required assurances to the Texas Water Development Board in accordance with the rules, regulations and policies of the Texas Water Development Board. SECTION 5: That a certified copy of this Resolution shall be attached to the application for financial assistance herein authorized to be prepared and submitted to the Texas Water Development Board. SECTION 6: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 7: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 30"DAY OF APRIL, 2018. ATTEST: Laura Wheat, Mayor Kelly dward, Town Secretary Thomas E. Bry r, T wn anager O� APPROV D AS TO FORM: tiF��. 4 PCO lton L wry o Attorney T-�' �. .. .-tea Resolution 18-15 Page 2 of 2 EXHIBIT "A11 TWDB_020IA Rev 11/16 Application Filing and Authorized Representative Resolution A RESOLUTION by the Town Council of the Town of Westlake requesting financial assistance from the Texas Water Development Board; authorizing the filing of an application for assistance; and making certain findings in connection therewith. BE IT RESOLVED BY THE TOWN COUNCIL OF THE Town of Westlake SECTION 1: That an application is hereby approved and authorized to be filed with the Texas Water Development Board seeking financial assistance in an amount not to exceed $2 100,000.00 to provide for the costs of engineering design and construction of a regional water line by the City of Fort Worth SECTION 2: That Thomas E. Brymer be and is hereby designated the authorized representative of the Town of Westlake for purposes of furnishing such information and executing such documents as may be required in connection with the preparation and filing of such application for financial assistance and the rules of the Texas Water Development Board. SECTION 3: 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 Town of Westlake before any hearing held by the Texas Water Development Board on such application,to wit: Financial Advisor: Tom Lawrence Lawrence Financial Consulting, LLC Engineer: Brian Averitt, P.E. Graham Associates Bond Counsel: Rodolfo Segura, Jr McCall, Parkhurst & Horton LLP PASSED AND APPROVED,this the day of April 2018 (Se 4 6 Gj Resolution 18-15 ,� . Part B 1 7 TWDB-oto 1 A Rev 11/16 Application Filing and Authorized Representative Resolution A RESOLUTION by the Town Council of the Town of Westlake requesting financial assistance from the Texas Water Development Board; authorizing the filing of an application for assistance; and making certain findings in connection therewith. BE IT RESOLVED BY THE TOWN COUNCIL OF THE Town of Westlake SECTION 1: That an application is hereby approved and authorized to be filed with the Texas Water Development Board seeking financial assistance in an amount not to exceed $2,100,000.00 to provide for the costs of engineering design and construction of a regional water line by the City of Fort Worth SECTION 2: That Thomas E. Brymer be and is hereby designated the authorized representative of the Town of Westlake for purposes of furnishing such information and executing such documents as may be required in connection with the preparation and filing of such application for financial assistance and the rules of the Texas Water Development Board. SECTION 3: 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 Town of Westlake before any hearing held by the Texas Water Development Board on such application,to wit: Financial Advisor: Tom Lawrence Lawrence Financial Consulting, LLC Engineer: Brian Averitt, P.E. Graham Associates Bond Counsel: Rodolfo Segura, Jr McCall, Parkhurst& Horton LLP PASSED AND APPROVED,this the ,o, April 2018 OF we By. f TEXAS Resolution 18-15 Part B18 TIAMB-0201 Rev 11/16 Application Affidavit THE STATE OF TEXAS § COUNTY OF Tarrant § APPLICANT Town of Westlake § BEFORE ME,the undersigned,a Notary Public in and for the State of Texas,on this day personally appeared Thomas E. Brymer as the Authorized Representative of the Town of Westlake ,who being by me duly sworn,upon oath says that: 1. The decision by the Town of Westlake (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 all such notice as required by such Act as is applicable to the Town of Westlake (authority,city, county,corporation,district). 2. The information submitted in the application is true and correct according to my best knowledge and belief. 3. The Town of Westlake (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"). NONE 4. The Town of Westlake (authority,city,county,corporation,district)warrants compliance with the representations made in the application in the event that the TWDB provides the financial assistance;and 5. the Town of Westlake (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. Offictal epresentat Title: Town Manag r SWORN TO AND SUBSCRIBED BEFORE ME,by Thomas E. Brymer , on this 30 day of April 120 18 'R'SER15)°°°° �pl�Y Pu�GO KELLY EDWARDS Nota6 Publ9 tate of Texas NOTARY PUBLIC STATE OF TEXAS N, MY COMM.EXP.02/03/2022 9�0FZ�P NOTARY ID 12408268-8 Resolution 18-15 TWDB-0201 B Part B19 Rev 11/16 Application Resolution - Certificate of Secretary THE STATE OF TEXAS § COUNTY OF Tarrant § APPLICANT Town of Westlake § I,the undersigned,Secretary of the Town of Westlake Texas, DO HEREBY CERTIFY as follows: 1. That on the 30th day of April 2018 ,a regular/special meeting of the Town of Westlake was held;the duly constituted members of the Town Council being as follows: Mayor Laura Wheat,Mayor Pro-tem Carol Langdon,Council Members Micheal Barrett,Alesa Belvedere,and Wayne Stoltenberg all of whom were present at the meeting,except the following: N/A Among other business considered at the meeting,the attached resolution entitled: "A RESOLUTION by the Town Council of the Town of Westlake requesting financial participation from 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 Town Council for passage and adoption. After presentation and consideration of the resolution,and upon a motion made by Council Member Stoltenberg and seconded by Council Member Barrett ,the resolution was passed and adopted by the Town Council by the following vote: 4 voted"For" 0 voted "Against" 0 abstained all as shown in the official minutes of the Town of Westlake 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 Town of Westlake ;the qualified and acting members of the Town 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 Town Council ;and that the meeting,and 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 1 ovin 0--P Wet -la-KC, ,this the 3&'day of 11Q61 120 1` ) . OF 1u_JC>`.J-1fJY m Secr tart' (SE ) TFkAS Resolution 18-15