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BCRUA_R-21-04-07-5B RESOLUTION NO. R-21-04-07-513 WHEREAS, the Brushy Creek Regional Utility Authority, Inc. ("BCRUA"), was created by Cedar Park, Leander, and Round Rock to develop a regional water system for the three cities; and WHEREAS, on behalf of the cities, the BCRUA is requesting financial assistance from the Texas Water Development Board for Phase i D and Phase 1I of the regional water system,and WHEREAS,the Board of Directors wishes to complete and submit said application for financial assistance, Now Therefore BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BRUSHY CREEK REGIONAL UTILITY AUTHORITY,THAT: Sec. 1. The application is hereby approved and the General Manager of the BCRUA is hereby authorized to file said application with the Texas Water Development Board seeking financial assistance in amount not to exceed$194,400,000 to provide for the cost of planning,design,and land rights funding for Phase l D,and Phase 1I, including certain electrical upgrades to service Phase II Project. Sec. 2. Karen Bondy, General Manager of the BCRUA, be and is hereby designated the authorized representative of the BCRUA 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. Sec. 3. 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 City of Round Rock, the City of Cedar Park, and the BCRUA before any hearing held by the Texas Water Development Board on such application,to wit: Financial Advisor: Garry Kimball Specialized Public Finance, Inc. 7000 N. Mopac Expy #410 Austin,TX 78731 tikeserver25WDGXkJ)ATA%SCCin10A330%4624 AWUNIMAUU416302 DOC% Engineer: Aaron Archer Walker Partners 804 Las Cimas Pkwy#150 Austin,TX 78746 Bond Counsel: Richard Donoghue McCall, Parkhurst,& Horton L.L.P. 600 Congress Avenue, Suite 1800 Austin,TX 78701 Sec. 4.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 City of Leander before any hearing held by the Texas Water Development Board on suchapplication,to wit: Financial Advisor: Chris Allen RBC Capital Markets, LLC 609 Main Street, Suite 3600 Houston,TX 77002 Engineer: Aaron Archer Walker Partners 804 Las Cimas Pkwy#150 Austin,TX 78746 Bond Counsel: David Mendez Bickerstaff Heath Delgado Acosta LLP 3711 S MoPac Expy, Suite 300 Austin,TX 78746 The Board of Directors hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon,all as required by the Open Meetings Act,Chapter 551,Texas Government Code, as amended. 2 RESOLVED this 7th day of April,2021. R ENE fi ORES,Presider�i Brushy Creek Regional Utility Authority TTS . ANNE DUFFY, Sec t DATE: April 2, 2021 SUBJECT: BCRUA Board Meeting—April 7, 2021 ITEM: 5B. Consider a resolution authorizing the General Manager to complete and submit the final Texas Water Development Board SWIFT Loan Application for Construction of the Phase 1D water treatment plant expansion,the Phase II raw water delivery system and electrical utility improvements, and bid and construction phase services. PRESENTER: Karen Bondy, General Manager BACKGROUND: Staff submitted an Abridged SWIFT Loan Application to the Texas Water Development Board(TWDB) on February 2.The TWDB Board plans to invite BCRUA(and its member cities)to submit a full and formal application for a SWIFT Loan in its 2021 Cycle.Staff has been coordinating with TWDB,the cities of Cedar Park, Leander and Round Rock, and various engineering,financial and bond counsel representatives to complete and submit the loan application package before the deadline on May 10. The attached Board resolution authorizes filing of the SWIFT Loan Application, sets the not to exceed amount of$194,400,000, appoints me as the authorized representative of BCRUA for the purposes of the application, and further authorizes the engineer, Financial Advisors,and Bond Counsels each city selects to assist in preparation of the application,as well as communicate with TWDB on behalf of BCRUA,or any of the partner cities. This project will complete construction of the Phase 2 deep-water intake with a capacity of 145 MGD, the Phase 1D treatment capacity expansion to 42 MGD, electrical utility improvements for the Phase 2 raw water pump station; and bid and construction phase services. This loan application will involve only Cedar Park and Leander. Round Rock intends to use cash and prior bond proceeds to cover its cost share. Cedar Park intends to use cash or prior bond proceeds for its share of Phase 1D. There will ultimately be two separate bond issues for Low Interest Loans,covering each city's portion of the total loan.That breakout is as follows: BCRUA—Cedar Park: $ 75,310,000 BCRUA—Leander: $ 119,090,000 TOTAL $ 194,400,000 A strict time-line will need to be followed, if we are to work within the Board's and the two city councils' regular meeting schedules.That schedule is as follows: BCRUA: Wednesday,April 7 Leander: Thursday,April 15 Cedar Park: Thursday,April 22 Following Cedar Park and Leander's actions(assuming affirmative votes),staff will incorporate both cities' completed documentation into the final application package and submit it to TWDB before close of business on May 10. TWDB staff will then evaluate the loan package, clarify any questions or concerns with BCRUA/city staff, and/or consultants, and make a final recommendation to the TWDB Board.This process will occur over summer, and we can expect a formal TWDB Board decision not later than September.The next stage will be the development of the two bond packages by each city's Financial Advisor and Bond Counsel (with assistance by BCRUA and city staff, and the project engineering consultant), followed by formal action by BCRUA's Board,and each city council.Assuming all goes well, we can expect the two bond offers to fund in late October, or early November of this year. Interest on the loans should be competitive, based on the State of Texas'continued strong credit ratings (AAA), and the SWIFT program's ongoing interest subsidy. Staff and the Operations Committee (OC) recommend approval of this resolution and will be available to answer any questions. FUNDING: The funding will ultimately need to be provided by the three cities as follows. Cash funding is subject to later final approval by subject City Council. SWIFT Loans: $194,400,000 Cash or prior bond proceeds: $ 81,763,985 TOTAL $276,163,985 Each city's breakout is as follows: Cedar Park: SWIFT Loan: $75,310,000 Cash or prior bond proceeds: $ 4,359,733 TOTAL $79,699,733 Leander: SWIFT Loan: $119,090,000 Round Rock: Cash or prior bond proceeds: $77,404,252 Grand Total: $276,163,985