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HomeMy WebLinkAboutRES 071426-5.J - BRA Revenue Bonds, Series 2026CERTIFICATE FOR RESOLUTION NO. We, the undersigned Mayor and City Secretary of the City of Georgetown, Texas, hereby certify as follows: 1. The City Council of said City convened in Regular Session on the 14th day of July, 2026, at the scheduled meeting place thereof, and the roll was called of the duly constituted officers and members of said City Council, to -wit: Josh Schroeder, Mayor Amanda Parr, Councilmember District 1 Shawn Hood, Councilmember District 2 Ben Butler, Councilmember District 3 Ron Garland, Councilmember District 4 Kevin Pitts, Councilmember District 5 Jake French, Councilmember District 6 Ben Stewart, Councilmember District 7 and all of said persons were present, except C�d �uit�( thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written Resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS REGARDING FINANCING OF WILLIAMSON COUNTY REGIONAL RAW WATER LINE; AUTHORIZING THE MAYOR, CITY MANAGER, AND CITY SECRETARY TO TAKE APPROPRIATE ACTIONS; AND DECLARING AN EFFECTIVE DATE was duly introduced for consideration and passage. It was then duly moved and seconded that said Resolution be passed; and, after due discussion, said motion, carrying with it the passage of said Resolution, prevailed and carried by the following vote: AYES: I NOES: 0 ABSTENTIONS: Ci 2. A true, full and correct copy of the aforesaid Resolution passed at the meeting described in the above and foregoing paragraph is attached to and follows this Certificate; said Resolution has been duly recorded in the official minutes of said City Council; the above and foregoing paragraph is a true and correct excerpt from said minutes of said meeting pertaining to the passage of said Resolution; the persons named in the above and foregoing paragraph, at the time of said meeting and the passage of said Resolution, were the duly chosen, qualified and acting members of said City Council as indicated therein; each of said officers and members was duly and sufficiently notified officially and personally in advance, of the time, place and purpose of the aforesaid meeting and that said Resolution would be introduced and considered for passage at said meeting; and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Tex. Gov't Code Ann. Ch. 551. 3. That the Mayor (or Mayor Pro -Tern) of said City has approved and hereby approves the aforesaid Resolution; that the Mayor (or Mayor Pro-Tem) and the City Secretary of said City have duly signed said Resolution; and that the Mayor (or Mayor Pro-Tem) and the City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Resolution for all purjWes. SIGNED AND SEALED THE 14 DAY OF ATTEST: City Secretary (SEAL) SIGNATURE PAGE TO CERTIFICATE FOR RESOLUTION NO RESOLUTION NO: () 7 NZ6 -- ET A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS REGARDING FINANCING OF WILLIAMSON COUNTY REGIONAL RAW WATER LINE; AUTHORIZING THE MAYOR, CITY MANAGER, AND CITY SECRETARY TO TAKE APPROPRIATE ACTIONS; AND DECLARING AN EFFECTIVE DATE WHEREAS, the Brazos River Authority (the "Authority") is an agency and political subdivision of the State of Texas, duly created and lawfully operating under Chapter 8502, Texas Special District Local Laws Code, as amended (the "Authority Act"), all pursuant to and in furtherance of the purposes of Article XVI, Section 59 of the Constitution of Texas; and WHEREAS, pursuant to separate and individual contracts heretofore executed between the Authority, on one part, and the City of Georgetown ("Georgetown"), the City of Round Rock ("Round Rock"), and Brushy Creek Municipal Utility District ('Brushy Creek") (Georgetown, Round Rock and Brushy Creek are collectively referred to as the "Participants"), the Authority has contracted to make available to such parties water from Lake Stillhouse Hollow and to divert water from Lake Stillhouse Hollow to Lake Georgetown; and WHEREAS, the Authority and Participants have previously entered into the "Amended and Restated Williamson County Regional Raw Water Line Agreement", dated as of August 13, 2020, (the "A&R Project Agreement"), which A&R Project Agreement provides for the Authority to design, construct and operate facilities for transporting water from Lake Stillhouse Hollow committed to Participants to Lake Georgetown (the "Project") for diversion by them for municipal purposes; and WHEREAS, the Authority and Participants have determined it is beneficial and in the best interests of the Participants to issue the hereinafter authorized bonds (the "Bonds") in order to fund a portion of the Phase III Pump Project (defined below); and WHEREAS, in order to clearly establish, authorize, ratify and confirm the contractual arrangements entered into by the Authority and the Participants and all actions taken by Georgetown in reliance on the A&R Project Agreement, it is deemed to be appropriate to adopt this resolution. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN: SECTION 1. That the City Council of Georgetown hereby incorporates the recitals set forth in the preamble hereto as if set forth in full at this place and further finds and determines that said recitals are true and correct. SECTION 2. That the Mayor, City Manager and City Secretary of the City of Georgetown are hereby authorized and directed to execute, deliver and take all actions necessary and appropriate relating to the issuance of the Bonds by the Authority for the purpose of funding a portion of the Phase III Pump Project (as defined in the A&R Project Agreement), including without limitation the execution and delivery of a General Certificate and a Closing Certificate 3 relating to the Bonds, in substantially the forms presented to the City Council at the meeting at which this resolution has been adopted, with such changes as may be required by the Texas Attorney General or the underwriters of said Bonds, and furnishing such certificates and other documentation as may be required by the Texas Attorney General or the underwriters of said Bonds. SECTION 3. That this resolution shall take effect immediately upon passage and all ordinances, orders and resolutions in conflict herewith are repealed to the extent of any such conflict. RESOLVED this 14th day of July, 2026. Attest: Dg�j City Secretary APPROVED AS TO FORM: Aityl of"Iley 3. That the Mayor (or Mayor Pro -Tern) of said City has approved and hereby approves the aforesaid Resolution; that the Mayor (or Mayor Pro-Tem) and the City Secretary of said City have duly signed said Resolution; and that the Mayor (or Mayor Pro -Tern) and the City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Resolution for all purposes. SIGNED AND SEALED THE 14 DAY OF ATTEST: Def� City Secre ary (SEAL) SIGNATURE PAGE TO CERTIFICATE FOR RESOLUTION NO. 3. That the Mayor (or Mayor Pro -Tern) of said City has approved and hereby approves the aforesaid Resolution; that the Mayor (or Mayor Pro -Tern) and the City Secretary of said City have duly signed said Resolution; and that the Mayor (or Mayor Pro-Tem) and the City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Resolution for all purposes. SIGNED AND SEALED THE 14 DAY OF ATTEST: )W,}M City Secre ary SIGNATURE PAGE TO CERTIFICATE FOR RESOLUTION NO. Cq'42.60-5,�T, 3. That the Mayor (or Mayor Pro-Tem) of said City has approved and hereby approves the aforesaid Resolution; that the Mayor (or Mayor Pro -Tern) and the City Secretary of said City have duly signed said Resolution; and that the Mayor (or Mayor Pro-Tem) and the City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Resolution for all purposes. SIGNED AND SEALED THE 14 DAY OF ATTEST: 1 1�n City Secre aiy SIGNATURE PAGE TO CERTIFICATE FOR RESOLUTION NO. 07/�/26 _5.`7; 3. That the Mayor (or Mayor Pro -Tern) of said City has approved and hereby approves the aforesaid Resolution; that the Mayor (or Mayor Pro-Tem) and the City Secretary of said City have duly signed said Resolution; and that the Mayor (or Mayor Pro-Tem) and the City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Resolution for all purposes. SIGNED AND SEALED THE 14 DAY OF .---- -- - ATTEST: City SecretarV SIGNATURE PAGE TO CERTIFICATE FOR RESOLUTION NO. relating to the Bonds, in substantially the forms presented to the City Council at the meeting at which this resolution has been adopted, with such changes as may be required by the Texas Attorney General or the underwriters of said Bonds, and furnishing such certificates and other documentation as may be required by the Texas Attorney General or the underwriters of said Bonds. SECTION 3. That this resolution shall take effect immediately upon passage and all ordinances, orders and resolutions in conflict herewith are repealed to the extent of any such conflict. RESOLVED this 14th day of July, 2026. Attest: cAi", -0�' City Secr iy APPROVED AS TO FORM: City Ai&rney L! relating to the Bonds, in substantially the forms presented to the City Council at the meeting at which this resolution has been adopted, with such changes as may be required by the Texas Attorney General or the underwriters of said Bonds, and furnishing such certificates and other documentation as may be required by the Texas Attorney General or the underwriters of said Bonds. SECTION 3. That this resolution shall take effect immediately upon passage and all ordinances, orders and resolutions in conflict herewith are repealed to the extent of any such conflict. RESOLVED this 14th day of July, 2026. Attest: THE CI F GEORGETOWN: N,,kx City Secretary Ma or APPROVED AS TO FORM: City ttori- 11 relating to the Bonds, in substantially the forms presented to the City Council at the meeting at which this resolution has been adopted, with such changes as may be required by the Texas Attorney General or the underwriters of said Bonds, and furnishing such certificates and other documentation as may be required by the Texas Attorney General or the underwriters of said Bonds. SECTION 3. That this resolution shall take effect immediately upon passage and all ordinances, orders and resolutions in conflict herewith are repealed to the extent of any such conflict. RESOLVED this 14th day of July, 2026. Attest: e4m� — Vl City Secretary APPROVED AS TO FORM: City A rney C! relating to the Bonds, in substantially the forms presented to the City Council at the meeting at which this resolution has been adopted, with such changes as may be required by the Texas Attorney General or the underwriters of said Bonds, and furnishing such certificates and other documentation as may be required by the Texas Attorney General or the underwriters of said Bonds. SECTION 3. That this resolution shall take effect immediately upon passage and all ordinances, orders and resolutions in conflict herewith are repealed to the extent of any such conflict. RESOLVED this 14th day of July, 2026. Attest: Q City Secretary APPROVED AS TO FORM: City A rney M GENERAL CERTIFICATE OF THE CITY OF GEORGETOWN THE STATE OF TEXAS § COUNTY OF WILLIAMSON § CITY OF GEORGETOWN § We, the undersigned City Manager and City Secretary of the City of Georgetown, Texas (the "Participant") hereby certify as follows: 1. That this certificate is executed for the benefit of the Attorney General of the State of Texas and the prospective owners of the proposed Brazos River Authority Contract Revenue Bonds, Series 2026 (Williamson County Regional Raw Water Line Project) (the "Bonds"), authorized by a resolution adopted by the Board of Directors of the Brazos River Authority (the "Authority") on June 8, 2026, as amended (the "Bond Resolution"). 2. That said Participant is a duly incorporated Home Rule City, operating and existing under the Constitution and laws of the State of Texas and the duly adopted Home Rule Charter of said Participant, which Charter has not been changed or amended since the passage of the ordinance authorizing the most recently issued Series of outstanding obligations of the Participant which have been approved by the Attorney General of Texas. 3. That the statements and information set forth in the Official Statement pertaining to the Participant and the Bonds, and particularly the Participant's operating statements, debt service re- quirements, revenues, taxable values, rates for water and sewer services (which rates have been set by official action of the Participant and are now in effect), and other information set forth therein are true and correct in all material respects. 4. That the A&R Project Agreement (as defined in the Bond Resolution), between the Authority and the Participant, has been duly authorized by the Participant and properly executed by duly authorized officials of the Participant. 5. That the A&R Project Agreement, between the Authority and the Participant, is still in full force and effect, has not been amended or rescinded, there is no litigation pending relating to the A&R Project Agreement or the authority of the Participant to enter into the A&R Project Agreement and no default exists in connection therewith. 6. The Participant verifies that bond proceeds will not be used for any unconstitutional purposes, including payments made pursuant to unconstitutional diversity, equity, and inclusion ("DEI") programs and including any such DEI programs established by local ordinances or policies. [The balance of this page is intentionally left blank.] SIGNED City 4Ser�etary CITY OF GEORGETOWN C anager General Certificate of the City of Georgetown, Texas relating to the Brazos River Authority Contract Revenue Bonds, Series 2026 (Williamson County Regional Raw Water Line Project) SIGNED ity Secretary CITY OF GEORGETOWN CitklVranager General Certificate of the City of Georgetown, Texas relating to the Brazos River Authority Contract Revenue Bonds, Series 2026 (Williamson County Regional Raw Water Line Project) SIGNED 'lei City Secretary CITY OF GEORGETOWN Ci anager General Certificate of the City of Georgetown, Texas relating to the Brazos River Authority Contract Revenue Bonds, Series 2026 (Williamson County Regional Raw Water Line Project) SIGNED pt-111� City Secretary CITY OF GEORGETOWN Cit anager General Certificate of the City of Georgetown, Texas relating to the Brazos River Authority Contract Revenue Bonds, Series 2026 (Williamson County Regional Raw Water Line Project) SIGNED 401 City Secretzuy CITY OF GEORGETOWN City Manager General Certificate of the City of Georgetown, Texas relating to the Brazos River Authority Contract Revenue Bonds, Series 2026 (Williamson County Regional Raw Water Line Project) CLOSING CERTIFICATE THE STATE OF TEXAS § COUNTY OF WILLIAMSON § CITY OF GEORGETOWN § We, the undersigned City Manager and City Secretary of the City of Georgetown, Texas (the "Participant") hereby certify as follows: 1. That this certificate is executed for the benefit of the Attorney General of the State of Texas and the prospective owners of the proposed Brazos River Authority Contract Revenue Bonds, Series 2026 (Williamson County Regional Raw Water Line Project), authorized by a resolution adopted by the Board of Directors of the Brazos River Authority on June 8, 2026 as amended (the "Bonds"). 2. That capitalized terms used herein shall have the meanings set forth in the Notice of Sale and Bidding Instructions, Official Bid Form, and Preliminary Official Statement dated as of , 2026 (the "Agreement"). 3. That (i) the Participant has not received notice of any litigation, nor to our knowledge, is any litigation pending or threatened, in any court to restrain or enjoin the issuance or delivery of the Bonds, the establishment of the rates, fees and other charges relating to the Project (including the Participant's monthly charges) or the other authorized purposes of the Participant, the lien on and pledge of the Net Revenues pledged to the payment of the principal of and interest on the Bonds, or the pledge thereof, or in any way contesting or affecting the validity of the Bonds, the Bond Resolution, the A&R Project Agreement, the Participant's official approving and authorizing actions, or the Agreement, or contesting the authority of the Authority, acting as issuer, to issue the Bonds, or contesting the authorization of the Bonds, the Bond Resolution, the Agreement, the A&R Project Agreement, or the Participant's official approving and authorizing actions, or contesting in any way the accuracy, completeness, or fairness of the Preliminary Official Statement or the Official Statement, or that would otherwise adversely affect in a material manner the operations or the financial condition of the Participant; (ii) to the best of our knowledge, no event affecting the Participant has occurred since the date of the Official Statement which should be disclosed in the Official Statement for the purpose for which it is to be used or which it is necessary to disclose therein in order to make the statements and information therein not misleading in any material respect; (iii) the representations and warranties of the Participant contained in any certificate and document delivered by the Participant pursuant to the provisions of the Agreement, are true and correct on and as of the date of the Closing as though such representations and warranties were made on and as of the date of the Closing; (iv) the A&R Project Agreement has been duly approved, executed and delivered by the Participant and, with respect to the Participant, the A&R Project Agreement and the obligations of the Participant thereunder (including the obligation to provide certain information in accordance with the Rule) remains in full force and effect and has not been rescinded; (v) during the last five years, the Participant has complied in all material respects with its continuing disclosure agreements, if any, pursuant to the Rule, except as otherwise described in the Official Statement; (vi) all agreements or conditions to be performed or complied with by the Participant under the Agreement to effect delivery of the Bonds on or prior to the date of Closing have been performed or complied with; and (vii) there has not been any materially adverse change in the operations or financial condition of the Participant since the date of the Official Statement. SIGNED this , 2026. City Secre CITY OF GEORGETOWN City Manager Closing Certificate of the City of Georgetown, Texas relating to the Brazos River Authority Contract Revenue Bonds, Series 2026 (Williamson County Regional Raw Water Line Project) SIGNED this _ Do NOT DATE - City Secretary CITY OF GEORGETOWN Z& — CitfVanager Closing Certificate of the City of Georgetown, Texas relating to the Brazos River Authority Contract Revenue Bonds, Series 2026 (Williamson County Regional Raw Water Line Project) SIGNED this DO NOT AATK: )26. CITY OF GEORGETOWN City anager .r--. . h, 4tm�-"" 1--1pT ity Secretary Closing Certificate of the City of Georgetown, Texas relating to the Brazos River Authority Contract Revenue Bonds, Series 2026 (Williamson County Regional Raw Water Line Project) SIGNED this _ DO NOT DATEE City Secr ary CITY OF GEORGETOWN Z4-1— City pager Closing Certificate of the City of Georgetown, Texas relating to the Brazos River Authority Contract Revenue Bonds, Series 2026 (Williamson County Regional Raw Water Line Project) KICC NLL PARKHURST & HORTON VL4 OVERNIGHT MAIL Ms. Chelsea Solomon Water Utility Director City of Georgetown 300-1 Industrial Avenue P.O. Box 409 Georgetown, Texas 78627-0409 \Focused on Public ,r Finance since 1919. June 16, 2026 Re: Brazos River Authority Contract Revenue Bonds, Series 2026 (Williamson County Regional Raw Water Line Project) Dear Ms. Solomon: As bond counsel for the Brazos River Authority, I am in the process of coordinating the required documentation for the sale of the captioned bonds and the submission of the required transcript of proceedings to the Texas Attorney General for review. I am enclosing the following relative documents for your review and execution: CERTIFICATE FOR RESOLUTION. Enclosed is one complete copy of the Resolution and the Certificate to same along with four (4) copies of the Certificate signature page which I ask the Mayor, City Secretary and City Attorney to SIGN AND SEAL where indicated, but DO NOT DATE. GENERAL CERTIFICATE OF GEORGETOWN. Enclosed is one complete copy of the General Certificate along with four (4) copies of the signature page to same which I ask the City Manager and City Secretary to SIGN AND DATE where indicated. CLOSING CERTIFICATE. Enclosed is one complete copy of the Closing Certificate along with four (4) copies of the signature page to same which I ask the City Manager and City Secretary to SIGN where indicated, but DO NOT DATE. After execution, please return all copies to me at the Dallas address listed below by no later than Tuesday, July 21, 2026. Thank you for your help. If you should have any questions, please contact me by phone at (214) 754-9242 or by email at aavila@mphlegal.com. Very truly yours, McCall, Parkhurst & Horton L.L.P. By: Angela Avila AA:cm Enclosures 0259.167 600 Congress Avenue 717 North Harwood 8 Greenway Plaza Suite 21SO Suite 900 Suite 1025 Austin, Texas 78701 Dallas, Texas 75201 Houston, TX 77046 T 512.478.3805 T 214.754.9200 T 713.980.0500 F 512.472,0871 F 214.754.9250 F 713.980.0510 112 East Pecan Street Suite 1310 San Antonio, Texas 78205 T 210.225.2800 F 210.225.2984 www.mphlegal.com SIGNED this _ DO NOT DATE !6. CITY OF GEORGETOWN Ci y tanager �-evei It City Secre ary Closing Certificate of the City of Georgetown, Texas relating to the Brazos River Authority Contract Revenue Bonds, Series 2026 (Williamson County Regional Raw Water Line Project)