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R-2014-1875 - 10/9/2014 RESOLUTION NO. R-2014-1875 RESOLUTION AUTHORIZING PROCEEDING WITH ISSUANCE OF ONE OR MORE SERIES OF CITY OF ROUND ROCK, TEXAS COMBINATION TAX AND LIMITED REVENUE CERTIFICATES OF OBLIGATION AND FURTHER DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE SUCH CERTIFICATES OF OBLIGATION; AND OTHER MATTERS RELATED THERETO THE STATE OF TEXAS COUNTIES OF TRAVIS AND WILLIAMSON CITY OF ROUND ROCK WHEREAS,the City Council of the City of Round Rock, Texas (the "City") finds that the payment in whole or in part of contractual obligations incurred or to be incurred for the purposes set forth in Exhibit "A" attached hereto (the "Contractual Obligations") would be beneficial to the inhabitants of the City and are needed to perform essential City functions; and WHEREAS,the Council has deemed it advisable to give notice of intention to issue one or more series of Certificates in a maximum principal amount not to exceed $28,000,000 pursuant to the provisions of the Certificate of Obligation Act of 1971, Section 271.041 et seq., Local Government Code (the "Act") for the purpose of financing the Contractual Obligations; and WHEREAS, prior to the issuance of the Certificates, the City is required under the Act to publish notice of its intention to issue the Certificates in a newspaper of general circulation in the City, the notice stating: (i) the time and place tentatively set for the passage of the ordinance authorizing the issuance of the Certificates,(ii)the maximum amount and purpose of the Certificates to be authorized, and (iii) the manner in which the Certificates will be paid; and WHEREAS, the meeting at which this Resolution is adopted was open to the public and public notice of the time,place and purpose of the meeting was given,all as required by Chapter 551, Texas Government Code, as amended. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: 1. Attached hereto as Exhibit "A" is a form of the Notice of Intention to issue the Certificates the form and substance of which is hereby adopted and approved. 2. Bond Counsel to the City shall cause the notice to be published in substantially the form attached hereto, in a newspaper of general circulation in the City, for two consecutive weeks, the date of the first publication to be at least 31 days prior to the time set for the final passage of the ordinance authorizing issuance of the Certificates as shown in the notice. Round RockCOL014:NoticeRes 3. The Director of Finance, Financial Advisor and Bond Counsel to the City are authorized to proceed with preparing the necessary bond and offering documents to effectuate the sale of the Certificates, including making application to appropriate rating agencies and bond insurers, if applicable. 4. This Resolution shall become effective immediately upon adoption. The Mayor and City Clerk are hereby authorized and directed to execute the certificate to which this Resolution is attached on behalf of the City and the Mayor,City Clerk and City Manager are further authorized to do any and all things proper and necessary to carry out the intent of this Resolution. 5. The City hereby authorizes the disbursement of a fee equal to the lesser of(i) one- tenth of one percent of the principal amount of each series of the Certificates being issued or (ii) $9,500 per series, provided that such fee shall not be less than $750, to the Attorney General of Texas Public Finance Division for payment of the examination fee charged by the State of Texas for the Attorney General's review and approval of public securities and credit agreements,as required by Section 1202.004 of the Texas Government Code. The appropriate member of the City's staff is hereby instructed to take the necessary measures to make this payment. The City is also authorized to reimburse the appropriate City funds for such payment from proceeds of the Certificates. 2 Round RockCO\2014:NOliceRcs RESOLVED this 9th day of October, 2014. ATTEST: CITY OF ROUND ROCK, TEXAS • , • City Clerk Mayor City of Round Rock, Texas City of Round Rock, Texas APPROVED AS TO FORM: ,41APAIL. 111111 City ttorney City of Round Rock, Texas EXHIBIT "A" NOTICE OF INTENTION REGARDING THE ISSUANCE OF ONE OR MORE SERIES OF CITY OF ROUND ROCK, TEXAS COMBINATION TAX AND LIMITED REVENUE CERTIFICATES OF OBLIGATION NOTICE IS HEREBY GIVEN that it is the intention of the City Council of the City of Round Rock, Texas, to issue one or more series of interest bearing certificates of obligation of the City entitled "City of Round Rock, Texas Combination Tax and Limited Revenue Certificates of Obligation" (the "Certificates") for the purpose of paying contractual obligations incurred or to be incurred by the City for: (1) constructing, improving, extending, expanding, upgrading and/or developing streets, roads, bridges, trails, sidewalks, intersections, traffic signalization and other transportation improvement projects including related waterworks, sewer and drainage improvements, signage, landscaping, irrigation, purchasing any necessary rights-of-way and other related transportation costs and(2)professional services including fiscal,engineering,architectural and legal fees and other such costs incurred in connection therewith including the costs of issuing the Certificates. The City Council tentatively proposes to consider for first and final reading at a meeting to commence at 7 o'clock,p.m., on the 25th day of November, 2014 at City Hall, 221 East Main Street, Round Rock, Texas, 78664, the passage of an ordinance authorizing the Certificates. The maximum amount of the Certificates that may be authorized for such purpose is $28,000,000. The City Council presently proposes to provide for the payment of such Certificates from the levy and collection of ad valorem taxes in the City as provided by law and from the surplus revenues of the City's waterworks,sewer and drainage system in an amount not to exceed$1,000,remaining after payment of all operation and maintenance expenses thereof, and all debt service, reserve and other requirements in connection with all of the City's revenue bonds or other obligations(now or hereafter outstanding) which are payable from all or any part of the net revenues of such system. CITY OF ROUND ROCK,TEXAS A-1 Round RockCO\2014:NoticeRes 20 CERTIFICATE FOR RESOLUTION NO. I°e- "-( THE STATE OF TEXAS § COUNTIES OF TRAVIS AND WILLIAMSON § CITY OF ROUND ROCK § The undersigned City Clerk of the City of Round Rock, Texas (the "City"), hereby certify as follows: 1. The City Council of the City convened in a REGULARLY SCHEDULED MEETING ON THE 9TH DAY OF OCTOBER, 2014,. at the designated meeting place (the "Meeting"), and the roll was called of the duly constituted officers and members of the Council, to-wit: Alan McGraw, Mayor Craig Morgan, Place 1 George White, Place 2 Joe Clifford, Place 3 Will Pekham, Place 4 John S. Morvan, Place 5 Kris Whitfield, Mayor Pro-tern, Place 6 and all of the persons were present, except the following absentees: , thus constituting a quorum. Whereupon, among other business, the following was transacted at the Meeting: a written RESOLUTION AUTHORIZING PROCEEDING WITH ISSUANCE OF ONE OR MORE SERIES OF CITY OF ROUND ROCK,TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION AND FURTHER DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE SUCH CERTIFICATES OF OBLIGATION; AND OTHER MATTERS RELATED THERETO was duly introduced for the consideration of the City Council. It was then duly moved and seconded that the Resolution be passed; and, after due discussion, said motion carrying with it the passage of the Resolution, prevailed and carried by the following vote: AYES: NOES: 2. A true, full and correct copy of the Resolution passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that the Resolution has been duly recorded in the City Council's minutes of the Meeting; that the above and foregoing paragraph is a true, full and correct excerpt from the City Council's minutes of the Meeting pertaining to the passage of the Resolution; that the persons named in the above and foregoing RoundRockCO\20I4:NoticeResCert paragraph are the duly chosen, qualified and acting city officials as indicated therein; that each of the elected officials and members of the City Council was duly and sufficiently notified officially and personally, in advance, of the time,place and purpose of the Meeting, and that the Resolution would be introduced and considered for passage at the Meeting, and each of the elected officials and members consented, in advance, to the holding of the Meeting for such purpose, and that the Meeting was open to the public and public notice of the time, place and purpose of the meeting was given, all as required by Chapter 551, Government Code, as amended. 3. The Mayor of the City has approved and hereby approves the Resolution and the Mayor and the City Clerk of the City have duly signed the Resolution. RoundRockCO\2014:NoticeResCert SIGNED AND SEALED the 9th day of October, 2014. - a ., lif ef I, City Clerk City of Round Rock, Texas [CITY SEAL] ,0004740.1). x ...... It 4.0 t 14 13". litic 1 :10 tt to t t WO 4.-- ..‘kx " ....."' RoundRackC0\2014. NoticeResCen