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HomeMy WebLinkAboutPR 21338: APPROVING A PRINCIPAL FORGIVENESS AGREEMENT WITH THE TEXAS WATER DEVELOPMENT BOARD P.R.No. 21338 3/26/2020 dm/kd RESOLUTION NO. A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS APPROVING A PRINCIPAL FORGIVENESS AGREEMENT WITH THE TEXAS WATER DEVELOPMENT BOARD AND AUTHORIZING THE MAYOR AS THE DESIGNATED REPRESENTATIVE OF THE CITY TO EXECUTE A PRINCIPAL FORGIVENESS AGREEMENT; AND APPROVING OTHER MATTERS RELATED THERETO THE STATE OF TEXAS § COUNTY OF JEFFERSON § CITY OF PORT ARTHUR § WHEREAS, the Texas Water Development Board (the "TWDB") has made a commitment to provide financial assistance in the form of a principal forgiveness in the amount of$4,250,000 from the Clean Water State Revolving Fund (the "Grant")to the City of Port Arthur, Texas (the"City")to finance the construction and equipment of wastewater system improvements, including the rehabilitation, repair and modification of the City's wastewater treatment plant; and WHEREAS, the City Council of the City desires to appoint Mayor Thurman Bartie, or any successor as Mayor of the City, as the representative of the City(the"Authorized Representative")who is authorized to enter into an agreement related to the Principal Forgiveness (the "Principal Forgiveness Agreement")with the TWDB on behalf of the City; and WHEREAS, the meeting at which this Resolution is being considered is open to the public as required by law,and the public notice of the time,place and purpose of said meeting was given as required by Chapter 551,Texas Government Code;NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: 1. Authorized Representative. The Mayor of the City is hereby appointed as the Authorized Representative of the City. 2. Approval of Principal Forgiveness Agreement. The Principal Forgiveness Agreement between the TWDB and the City in substantially the form presented to City Council is approved, and the Authorized Representative is authorized to execute the Principal Forgiveness Agreement on behalf of the City. 3. Approval of Escrow Agreement. The Escrow Agreement between the TWDB and the City in substantially the form presented to City Council is approved, and the Authorized Representative is authorized to execute the Escrow Agreement on behalf of the City. 3. Effective Date.This Resolution shall become effective immediately after its adoption. [Execution Page Follows] #72511046 vl READ, ADOPTED AND APPROVED on this 31" day of March. A.D., 2020, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: Councilmembers: NOES: Thurman Bill Bartie, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: Valecia R. Tizeno, City Attorney APPROVED FOR ADMINISTRATION: Ronald Burton, City Manager Signature Page to Resolution Approving Principal Forgiveness Agreement 472511046_v1 CERTIFICATE FOR RESOLUTION THE STATE OF TEXAS § COUNTY OF JEFFERSON § I, the undersigned officer of the City Council of the City of Port Arthur, Texas, hereby certify as follows: 1. The City Council of the City of Port Arthur,Texas, convened in a regular meeting on the 31st day of March, 2020, at the regular meeting place thereof, within said City, and the roll was called of the duly constituted officers and members of said City Council,to wit: Thurman Bartie Mayor Harold Doucet, Sr. Mayor Pro Tern, District 4 Raymond Scott,Jr. Councilmember, District 1 Cal J. Jones Councilmember, District 2 Thomas Kinlaw, III Councilmember, District 3 Charlotte Moses Councilmember, District 7 Kaprina Richardson Frank Councilmember, District 8 and all of said persons were present,except the following absentee(s): ,thus constituting a quorum. Whereupon, among other business,the following was transacted at said meeting: a written RESOLUTION BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR,TEXAS APPROVING A PRINCIPAL FORGIVENESS AGREEMENT WITH THE TEXAS WATER DEVELOPMENT BOARD AND AUTHORIZING THE MAYOR AS THE DESIGNATED REPRESENTATIVE OF THE CITY TO EXECUTE A PRINCIPAL FORGIVENESS AGREEMENT; AND APPROVING OTHER MATTERS RELATED THERETO was duly introduced for the consideration of said City Council and read in full. It was then duly moved and seconded that said resolution be adopted; and, after due discussion, said motion, carrying with it the adoption of said resolution,prevailed and carried by the following vote: 7 Member(s) shown present above voted"Aye." 0 Member(s) shown present above voted"No." 2. A true, full and correct copy of the aforesaid resolution adopted at the meeting described in the above and foregoing paragraph is attached to and follows this certificate;that said resolution has been duly recorded in said City Council's minutes of said meeting; that the above and foregoing paragraph is a true, full and correct excerpt from said City Council's minutes of said meeting pertaining to the adoption of said resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of said City Council as indicated therein;that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the date,hour,place and purpose of the aforesaid meeting, and that said resolution would be introduced and considered for adoption at said meeting,and each of said officers and members consented, in advance, to the holding of said meeting for such purpose; that said meeting was open to the public as required by law; and that public notice of the date, hour, place and subject of said meeting was given as required by Chapter 551,Texas Government Code. #72511046_v1 SIGNED AND SEALED this 31st day of March,2020. City Secretary City of Port Arthur,Texas #72511046_v1