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RES 1262 10/14/2003 CERTIFICATE FOR RESOLUTION The undersigned officer of the City of Cibolo, Texas (the "Issuer") hereby certifies as follows: 1. The City Council of the Issuer (the "Council") held a meeting on October 14, 2003 (the "Meeting") of the duly constituted members of the Council, at which a duly constituted quorum was present. Whereupon among other business transacted at the Meeting, a written RESOLUTION RATIFYING THE PROVISIONS OF A REGIONAL TAX- EXEMPT WATER SUPPLY CONTRACT PREVIOUSLY APPROVED AND EXECUTED BETWEEN THE CITY OF CIBOLO, TEXAS AND THE CANYON REGIONAL WATER AUTHORITY AND APPROVING AN AMENDMENT THERETO; AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR OF THE CITY OF CIBOLO, TEXAS TO EXECUTE ON BEHALF OF THE CITY OF CIBOLO, TEXAS ALL DOCUMENTS IN CONNECTION WITH THIS TRANSACTION; AND OTHER MATTERS IN CONNECTION THEREWITH (the "Resolution") was duly introduced for the consideration of the Council and discussed. It was then duly moved and seconded that the Resolution be adopted; and, after due discussion, said motion, carrying with it the adoption of the Resolution, prevailed and carried by a majority vote of the Council. 2. A true, full, and correct copy of the Resolution adopted at the Meeting is attached to and follows this Certificate; the Resolution has been duly recorded in the Council's minutes of the Meeting; each of the officers and members of the Council was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the Meeting; and the Meeting was held and conducted in accordance with the Open Meetings Act. SIGNED AND SEALED October 14, 2003. City Administrator (SEAL) 45336911.1 RESOLUTION I a L9 D - RATIFYING THE PROVISIONS OF A REGIONAL TAX-EXEMPT WATER SUPPLY CONTRACT PREVIOUSLY APPROVED AND EXECUTED BETWEEN THE CITY OF CIBOLO, TEXAS AND THE CANYON REGIONAL WATER AUTHORITY AND APPROVING AN AMENDMENT THERETO; AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR OF THE CITY OF CIBOLO, TEXAS TO EXECUTE ON BEHALF OF THE CITY OF CIBOLO, TEXAS ALL DOCUMENTS IN CONNECTION WITH THIS TRANSACTION; AND OTHER MATTERS IN CONNECTION THEREWITH NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS THAT: The City Council of the City of Cibolo, Texas has reviewed and hereby approves the Tax-Exempt Water Supply Contract previously approved and executed between the City of Cibolo, Texas and the Canyon Regional Water Authority and the amendment thereto attached as Exhibit A hereto. The Mayor of the City of Ciblo, Texas is hereby authorized to execute on behalf of the City any and all documents in connection with this transaction. ATTEST: City Administrator Mayor APPROVED THIS THE 14TH DAY OF OCTOBER, 2003. 45336911.1 2 AMENDMENT TO THE REGIONAL TAX-EXEMPT WATER SUPPLY CONTRACT, DATED AUGUST 1, 1998, BETWEEN CANYON REGIONAL WATER AUTHORITY AND GREEN VALLEY SPECIAL UTILITY DISTRICT, BEXAR METROPOLITAN WATER DISTRICT, CITY OF CIBOLO, TEXAS AND CITY OF MARION, TEXAS This amendment to the Regional Tax-Exempt Water Supply Contract (the "Contract"), originally dated August 1, 1998 (the "Amendment") is made by and between the CANYON REGIONAL WATER AUTHORITY, a regional water authority created under and essential to accomplish the purposes of Article VI, Section 59 of the Constitution of the State of Texas (the "Authority"), and GREEN VALLEY SPECIAL UTILITY DISTRICT, a special utility district created under Chapter 65, as amended, Texas Water Code, BEXAR METROPOLITAN WATER DISTRICT, a reclamation and conservation district created under a special act of the Texas legislature and pursuant to Article XVI, Section 59 of the Texas Constitution, CITY OF CIBOLO, TEXAS and CITY OF MARION, TEXAS, each a Type A general law municipality (certain of the "Original Participating Members", which, together with any Additional Participating Members as hereinafter defined, are collectively or individually referred to herein as "Participating Members"). Capitalized terms used herein and not otherwise defined shall have the meanings assigned in the Contract (hereinafter defined). WITNESSETH: WHEREAS, each of the Participating Members under the Contract has agreed to pay its share of costs of the Project and the Bonds based upon a rate methodology to be developed by the Authority or in proportion to the respective amounts of treated water each has agreed to purchase under the Contract; and WHEREAS, each of the Participating Members has requested that the share of treated water each Participating Member has agreed to purchase pursuant to the terms of the Contract and as specified in Exhibit A thereto be revised; NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and subject to the terms and conditions hereinafter set forth, the Authority and each of the Participating Members agree and contract as follows: Section 1: Exhibit A of the Contract is amended to read as Exhibit A attached hereto. Section 2: This Amendment shall be construed and governed in accordance with the laws of the State of Texas. Except as provided by this Amendment, the Contract is hereby ratified, reconfirmed, and readopted by the Authority and each Participating Member. Section 3: This Amendment may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument. 45355429.1 Section 4: This Amendment supersedes and takes the place of any and all previous agreements entered into among the parties hereto with respect to the subject matter hereof. All other provisions of the Contract not specifically amended herein are hereby confirmed and ratified. Section 5: The persons signing this Amendment are duly authorized to execute it on behalf of such party, and each party warrants that it is authorized to execute and deliver this Amendment and to perform it duties hereunder. Section 6: This Amendment has been entered into as of November 1, 2003. 45355429.1 -2- GREEN VALLEY SPECIAL UTILITY DISTRICT President (Seal) Secretary 45355429.1 -3- BEXAR METROPOLITAN WATER DISTRICT President (Seal) Secretary 45355429.1 -4- CITY OF CIBOLO, TEXAS Mayor (Seal) r� Cit 6 Secretary 45355429.1 -5- CITY OF MARION, TEXAS Mayor (Seal) City Secretary 45355429.1 -6- CANYON REGIONAL WATER AUTHORITY Chairman Secretary 45355429.1 -7- EXHIBIT A Schedule A Part 1 Lake Dunlap Plant Contracts The attached table for Plant Contracts lists the amount of production of finished water from the Lake Dunlap Plant (the "Plant"); expressed in acre-feet (AF) and gallons-per-day (GPD), that have been contracted with the Participating Members. In addition to the Plant contract figures, Canyon Regional Water Authority recognizes a peaking factor of 1.3 (30%) as a logical and necessary requirement and the peaking GPD figures are also listed. Canyon Regional Water Authority agrees to use its best efforts to supply to each individual entity, on any given day, the amount of water specified in the peaking figures. The total capability of the Plant is listed in the Ownership column in the table cited above. The Participating Members can be provided with this amount of water from the Plant on any given day, at the discretion of the Lake Dunlap Plant Manager. Additional water, over the peaking GPD and up to the Ownership GPD, will be provided to the Participating Member without penalty; however, any water processed over and above the amounts listed in the Ownership column will incur a System Capacity Fee as determined by the Participating Members. The total amount of water processed through the Plant for each Participating Member must be supported by a sufficient amount of raw water that is under contract to each individual entity and that water must be available to Canyon Regional Water Authority for processing at the Plant. 45355429.1 A-1 LAKE DUNLAP PLANT CONTRACTS Ownership Plant Percent Contract 1.3 Peak of Capacity Capacity Capacity in of in in 15,200,000 Item A/F Ownership GPD GPD GPD Dunlap Exempt Bexar Metro 4,000.00 36.43% 3,570,970 4,642,261 5,537,341 Cibolo 1,230.00 11.20% 1,098,073 1,427,495 1,702,732 Green Valley 1,800.00 16.39% 1,606,936 2,089,017 2,491,803 Marion 100.00 0.91% 89,274 116,057 138,434 Dunlap Exempt Totals 7,130.00 64.94% 6,365,254 8,274,830 9,870,310 Dunlap Taxable Crystal Clear 500.00 4.55% 446,371 580,283 692,168 East Central 1,400.00 12.75% 1,249,839 1,624,791 1,938,069 Springs Hill 1,950.00 17.76% 1,740,848 2,263,102 2,699,454 Dunlap Taxable Totals 3,850.00 35.06% 3,437,058 4,468,176 5,329,690 Dunlap Totals 10,980.00 100.00% 9,802,312 12,743,006 15,200,000 45355429.1 A-2 Schedule A Part 2 Mid Cities Pipeline Contracts The attached tables lists' the amount of finished water(Pipeline Capacity and Percent of Ownership) through the Mid Cities Pipeline that each member entity has contracted for with Canyon Regional Water Authority. This contract is expressed in acre-feet(AF) and gallons-per-day(GPD.) In addition to the Pipeline Capacity contract figures, Canyon Regional Water Authority recognizes a peaking factor of 1.3 (30%) as a logical and necessary requirement and the peaking GPD figures are also listed. Additionally, the total capability of the Mid Cities Pipeline is also listed under the Ownership column. The individual Participating Member contract amounts expressed as Pipeline Capacity and Percent of Ownership and Contract Capacity; 1.3 Peak Capacity; and Ownership, are listed on the attached tables as follows: Table 1: Lake Dunlap Plant to the Wagner Booster Station. Table 2: Wagner Booster Station to Loop 1604. Table 3: Loop 1604 to FM 1518. At this time,the amounts of water in the above listed tables are not cumulative from table to table. The volume and rate of water that can be transmitted through the Mid Cities Pipeline is dependant upon several factors,such as the amount of water produced at a plant, pumps, storage facilities, etc. Due to these variables,the current amount of water available to the individual member's,is the amount listed in Table 1. As additional sources of treated water and pumping stations become available the increased amounts listed in Tables 2 and 3 may become available simultaneously with the amount listed in Table 1. Canyon Regional Water Authority agrees to use its best efforts to supply to each individual Participating Member, on any given day, the amount of water specified in the peaking figures listed in Table 1,through the Mid Cities Pipeline, dependant upon the Participating Member's diversion point along the Mid Cities Pipeline. Additionally,the total capability(Ownership) of the Mid Cities Pipeline, depending upon the diversion point, is available to each Participating Member, on any given day, at the discretion of the Lake Dunlap Plant Manager. Additional water transmission over the peaking GPD and up to the Ownership GPD will be provided to the Participating Member without penalty; however, any water delivered over and above the amounts listed in the Ownership column will incur a Pipeline Capacity Fee as determined by the Participating Members. 45355429.1 A-3 LAKE DUNLAP PLANT TO WAGNER BOOSTER STATION Pipeline Percent Contract 1.3 Peak Ownership Capacity in of Capacity in Capacity in 10,080,000 Item Acre-Feet Ownership GPD GPD GPD Dunlap Exempt Bexar Metro 4,000 57.35% 3,570,970 4,642,261 5,780,645 Cibolo 875 12.54% 781,150 1,015,495 1,264,516 Green Valley 500 7.17% 446,371 580,283 722,581 Marion 200 2.87% 178,548 232,113 289,032 Dunlap Exempt Totals 5,575 79.93% 4,977,039 6,470,151 8,056,774 Dunlap Taxable Crystal Clear - 0.00% - - - East Central 1,400 20.07% 1,249,839 1,624,791 2,023,226 Springs Hill - 0.00% - - - Dunlap Taxable Totals 1,400 20.07% 1,249,839 1,624,791 2,023,226 Dunlap Totals 6,975 100.00% 6,226,879 8,094,942 10,080,000 45355429.1 A-4 WAGNER BOOSTER STATION TO LOOP 1604 Pipeline Percent Contract 1.3 Peak Ownership Capacity in of Capacity in Capacity in 15,120,000 Item Acre-Feet Ownership GPD GPD GPD Dunlap Exempt Bexar Metro 4,000 57.35% 3,570,970 4,642,261 8,670,968 Cibolo 875 12.54% 781,150 1,015,495 1,896,774 Green Valley 500 7.17% 446,371 580,283 1,083,871 Marion 200 2.87% 178,548 232,113 433,548 Dunlap Exempt Totals 5,575 79.93% 4,977,039 6,470,151 12,085,161 Dunlap Taxable Crystal Clear - 0.00% - - - East Central 1,400 20.07% 1,249,839 1,624,791 3,034,839 Springs Hill - 0.00% - - - Dunlap Taxable Totals 1,400 20.07% 1,249,839 1,624,791 3,034,839 Dunlap Totals 6,975 100.00% 6,226,879 8,094,942 15,120,000 45355429.1 A-5 LOOP 1604 TO FM 1518 Pipeline Percent Contract 1.3 Peak Ownership Capacity in of Capacity in Capacity in 10,080,000 Item Acre-Feet Ownership GPD GPD GPD Dunlap Exempt Bexar Metro 4,000 57.35% 3,570,970 4,642,261 5,780,645 Cibolo 875 12.54% 781,150 1,015,495 1,264,516 Green Valley 500 7.17% 446,371 580,283 722,581 Marion 200 2.87% 178,548 232,113 289,032 Dunlap Exempt Totals 5,575 79.93% 4,977,039 6,470,151 8,056,774 Dunlap Taxable Crystal Clear - 0.00% - - - East Central 1,400 20.07% 1,249,839 1,624,791 2,023,226 Springs Hill - 0.00% - - - Dunlap Taxable Totals 1,400 20.07% 1,249,839 1,624,791 2,023,226 Dunlap Totals 6,975 100.00% 6,226,879 8,094,942 10,080,000 45355429.1 A-6