BCRUA_R-23-04-26-5B TWDB-0201 B
Rev 11!16
Application Resolution - Certificate of Secretary
THE STATE OF TEXAS §
COUNTY OF Williamson and Travis §
APPLICANT Brushy Creek Regional Utility Authority,Inc. §
I,the undersigned,Secretary of the Brushy Creek Regional Utility Authority, Inc. Texas,
DO HEREBY CERTIFY as follows:
1. That on the 26th day of April 20 23 ,a regular meeting of the
Brushy Creek Regional Utility Authority, Inc. was held;the duly constituted members of the
Board of Directors being as follows:
President-Anne Duffy;Vice President-Matthew Baker;Secretary-Na'Cole Thompson;Jason Anderson; Rene Flores;Mel Kirkland
all of whom were present at the meeting,except the following:
Among other business considered at the meeting,the attached resolution entitled:
"A RESOLUTION by the Board of Directors of the Brushy Creek Regional Utility Authority,Inc. 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 Board of Directors for pa sage and ado n. After
presentation and conside ation of res lution,and upon a motion made by [1?,1 e_- Q`Y 4f6f1 nd
seconded by "Igi fy I� ,the resolution was passed and adopted by the
Board of Directors by the following vote:
2 voted"For" voted "Against" abstained
all as shown in the official minutes of the Board of Directors 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 Brushy Creek Regional utility Authority,Inc.• the qualified and acting members of the Board of Directors 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 Board of Directors ; 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 W TNESS WHEREOF,1 have signed my nit d fixed the eat of
the /� / this the ay of Y2 ,20
" SEAL ':? v
v JULY 26, Secretary
(SEAL 7'; 2007 *6 ,
f';P JgTE.. ..XPAO
TWDB-0201 A
Rev 11/16
Application Filing and Authorized Representative Resolution
A RESOLUTION by the Board of Directors of the
Brushy Creek Regional Utility Authority, Inc. 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 BOARD OF DIRECTORS OF
THE BRUSHY CREEK REGIONAL UTILITY AUTHORITY, INC.
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 $98,055,000 to provide
for the costs Of the f3CRUA protect,mctueing construction of the Phase 1D treatment plant expansion,the Phase 2 raw wafer deWery system and electrical utdrty improvements for Phase 2—water pump
SECTION 2: That Karen Bondy, General Manager be and is hereby
designated the authorized representative of the Brushy Creek Regional Utility Authority, Inc. 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
Brushy Creek Regional Utility Authority, Inc. before any hearing held by the Texas Water
Development Board on such application,to wit:
Financial Advisor: Garry Kimball
Specialized Public Finance Inc.
Engineer: Aaron Archer
Walker Partners
Bond Counsel: Richard Donoghue
McCall, Parkhurst& Horton L.L.P.
PASSED AND APPROVED,this the 26th day of April,2023.
ATTEST: —41/t 0 By:
Y
T'P OR
(Seal) SEAL^'•s
U JULY 2�, i o
•� 2007 t
TWDB-0201
Rev 2/23
Application Affidavit
THE STATE OF TEXAS §
COUNTY OF Williamson and Travis §
APPLICANT Brushy Creek Regional Utility Authority,Inc. §
BEFORE ME,the undersigned,a Notary Public in and for the State of Texas,on this day
personally appeared Karen Bondy as the Authorized Representative of the
Brushy Creek Regional Utility Authority, Inc.
,who being by me duly sworn,upon oath says that:
1. The decision by the Brushy Creek Regional Utility Authority, Inc.(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 such notice as required by such Act as is applicable to the Brushy Creek Regional Utility Authority,Inc.(authority,
city,county,corporation,district).
2. The information submitted in the application is true and correct according to my best knowledge and
belief.
Brushy Creek Regional Utility Authority, Inc.
3. The (authority,city,county,corporation,district)has
no litigation or other proceedings pending or threatened against it that would materially adversely affect its
financial condition or ability to issue debt.
4. The Brushy Creek Regional Utility Authority, Inc. author; i
( ty,cty,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
5. The Brushy Creek Regional Utility Authority, Inc.
(authority,city,county,corporation,district)
warrants compliance with the representations made in the application in the event that the TWDB provides the
financial assistance.
Brushy Creek Regional Utility Authority, Inc.
6. The (authority,city,county,corporation,district)
is or will become in compliance with all of its material contracts.
7. The Brushy Creek Regional Utility Authority, Inc.(authority,y,ci ty,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.
Offal epresentative
Title: General Manager
SWORN TO AND SUBSCRIBED BEFORE ME,by
on this day of 20
(NOTARY'S SEAL
MONIQUEADAMS Notary Public,State o T xas
. Y My Notary ID 0 126251913
EvIres March 22,2026
o;
DATE: April 21, 2023
SUBJECT: BCRUA Board Meeting—April 26, 2023
ITEM: SB. Consider a resolution approving submittal of the 2023 SWIFT application to the
Texas Water Development Board,
PRESENTER: Karen Bondy, General Manager
BACKGROUND:
Staff submitted an Abridged SWIFT Loan Application to the Texas Water Development Board(TWDB) on
January 30, 2023.The TWDB Board invited BCRUA to submit a full and formal application for a SWIFT Loan in
its 2023 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 8.
The attached Board resolution authorizes filing of the SWIFT Loan Application,sets the not to exceed amount
of$98,055,000,appoints the General Manager 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, and electrical utility improvements for the Phase 2 raw
water pump station.
This loan application will involve only Cedar Park and Round Rock. Leander intends to use local funds to cover
its cost share.Cedar Park intends to use local funds for its share of Phase 1D. Round Rock is seeking a
multiyear loan commitment.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: $ 7,605,000
BCRUA—Round Rock: $90,450,000
TOTAL $98,055,000
Following Cedar Park and Round Rock's city council actions to approve the funding application 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 8.
TWDB staff will then evaluate the loan package,clarify any questions or concerns with BCRUA,city staff, and
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.The TWDB expects 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.