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<br /> ALLIANCE WATER
<br /> RESOLUTION NO. 20231129-002
<br /> A RESOLUTION BY THE BOARD OF DIRECTORS OF THE
<br /> ALLIANCE REGIONAL WATER AUTHORITY AUTHORIZING
<br /> AMENDMENT NO. 2 TO REGIONAL WATER SUPPLY CONTRACT;
<br /> AND RESOLVING OTHER MATTERS INCIDENT AND RELATING THERETO
<br /> WHEREAS, pursuant to Chapter 572, as amended, Texas Local Government Code, the
<br /> Hays Caldwell Public Utility Agency, now known as the Alliance Regional Water Authority as
<br /> described more fully herein below (the "Agency"), as a constituted authority and instrumentality
<br /> and political subdivision of the State of Texas, was created by the Cities of Buda, Kyle and San
<br /> Marcos, Texas, each Texas home rule municipalities, and the Canyon Regional Water Authority,
<br /> a conservation and reclamation district and political subdivision of the State created and existing
<br /> pursuant to Article XVI, Section 59 of the Texas Constitution and Chapter 670, Acts of the 71"
<br /> Legislature, Regular Session, 1989, as amended (collectively, the "Sponsors" or "Sponsoring
<br /> Public Entities" or singularly, a "Sponsor" or "Sponsoring Public Entity"); and
<br /> WHEREAS, the Agency and the Sponsors have entered into a "Regional Water Supply
<br /> Contract" dated as of January 9, 2008, as amended by Amendment No. 1 effective as of October
<br /> 31, 2009, and Amendment No. 2 (as defined herein) being authorized by this Resolution and as
<br /> may be further amended (collectively, the "Contract"), pursuant to which the Agency has agreed
<br /> to design,finance,construct,own,acquire,maintain and operate a water supply project in a manner
<br /> that will allow the Agency to deliver water to the Sponsors on a regional basis and under which
<br /> each of the Sponsors agree to pay their share of the project costs and to make payments to or on
<br /> behalf of the Agency in amounts sufficient to meet all of the Agency's obligations under the
<br /> Contract including those relating to a Sponsor's bonds issued to finance and refinance a Sponsor's
<br /> share of the Project Costs and to own, operate and maintain the Project; and
<br /> WHEREAS, on June 15, 2017, by special act of the 85th Legislature, SB 1198,codified as
<br /> Chapter 11010, Special District Local Laws Code (the "Act"), the Agency was convened to the
<br /> Alliance Regional Water Authority, a conservation and reclamation district to accomplish the
<br /> purposes set forth in the Act and of Article XVI, Section 59, Texas Constitution (for purposes of
<br /> this Resolution and the exhibits attached hereto, the Alliance Regional Water Authority may also
<br /> be referred to herein as the "Issuer" (in addition to its identification as the "Agency" described in
<br /> the first recital clause herein above); and
<br /> WHEREAS, the Agency has previously sold, issued and delivered multiple series of
<br /> Bonds to the Texas Water Development Board, with each such issuance structured as a separate
<br /> series of Bonds for each requesting Sponsor, respectively, and such Bonds payable from and
<br /> secured by an assignment of the Annual Payment Amounts made under the Contract by the
<br /> designated Sponsor for which such series of Bonds was issued (by operation of the law pursuant
<br /> to the Act, the Alliance Regional Water Authority assumed all assets, liabilities, bonds, notes and
<br /> ARWA\BAN 2023: Resolution Authorizing Amendment 2 to K
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