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<br />e <br /> <br />e <br /> <br />RESOLUTION 98-01 <br /> <br />A RESOLUTION APPROVING WATER CAPACITY <br />PURCHASE AND SALE AGREEMENT <br />AND ESCROW AGREEMENT <br /> <br />WHEREAS, the Gulf Coast Water Authority (the "Authority"), as a co-owner of . <br />the City of Houston's Southeast Treatment Plant (the "Southeast Plant"), and the City of <br />Galveston, Texas ("Galveston") have indicated a desire to sell a'portion of the capacity <br />in the Southeast Plant in which Galveston has an equitable interest to other parties; <br />and, <br /> <br />WHEREAS, pursuant to Resolution No. 97-01, approved by the Board of <br />Directors on August 27, 1997, the La Porte Area Water Authority has previously <br />expressed an interest in purchasing 3 MGD of such capacity at a price of $1.1688, and <br />has expressed its desire to contract for the purchase and/or financing of such capacity; <br />and <br /> <br />WHEREAS, the City of Houston ("Houston") and the La Porte Area Water <br />Authority have entered into an amendment to the Cost Sharing Water Contract <br />between such parties dated as of January, 1998 (the "Amendment"), which <br />Amendment will, upon satisfaction of the conditions contained therein, increase La <br />Porte Area Water Authority's right to production capacity and pumping capacity from <br />the Southeast Plant; and <br /> <br />WHEREAS, the Board of Directors has been presented with a Water Capacity <br />Purchase and Sale Agreement to be entered into among the La Porte Area Water <br />Authority, the Authority and Galveston, pursuant to which 3 MGD of capacity in the <br />Southeast Plant will be conveyed from Galveston to La Porte Area Water Authority, and <br />the Board desires to approve La Porte Area Water Authority's entering into such <br />agreement and escrow agreement. <br /> <br />NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE LA <br />PORTE AREA WATER AUTHORITY: <br /> <br />Section 1. That the Board of Directors hereby approves the Water Capacity Purchase <br />and Sale Agreement substantially in the form as presented to the Board of Directors for <br />their review. <br /> <br />Section 2. That the Board of Directors hereby authorizes the President and <br />SecretaryfTreasurer of the La Porte Area Water Authority to execute and deliver such <br />Water Capacity Purchase and Sale Agreement, with such additions, deletions and <br />other changes by such document as such La Porte Area Water Authority shall approve, <br />such approval to be conclusively evidenced by their execution and delivery thereof. <br />