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R-11-08-25-9B1 - 8/25/2011CERTIFICATE FOR RESOLUTION NO. R -11-08-25-9B1 THE STATE OF TEXAS § COUNTIES OF WILLIAMSON AND TRAVIS § CITY OF ROUND ROCK § We, the undersigned officers of said City, hereby certify as follows: 1. The City Council of said City convened in REGULAR MEETING ON THE 25TH DAY OF AUGUST, 2011, at the City Hall, and the roll was called of the duly constituted officers and members of said City Council, to -wit: Alan McGraw, Mayor Craig Morgan, Place 1 George White, Place 2 Joe Clifford, Place 3 Carlos Salinas, Place 4 John Moman, Place 5 Kris Whitfield, Place 6 and all of said persons were present, except none, thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written RESOLUTION APPROVING A RESOLUTION OF THE ROUND ROCK TRANSPORTATION SYSTEM DEVELOPMENT CORPORATION AUTHORIZING THE ISSUANCE OF ROUND ROCK TRANSPORTATION SYSTEM DEVELOPMENT CORPORATION SENIOR LIEN SALES TAX REVENUE REFUNDING BOND; APPROVING PROCEDURES AND DOCUMENTS RELATED TO THE SALE OF THE BOND AND OTHER MATTERS RELATED THERETO was duly introduced for the consideration of said City Council. It was then duly moved and seconded that said Resolution be passed; and, after due discussion, said motion carrying with it the passage of said Resolution, prevailed and carried by the following vote: AYES: All Present Voted Aye NOES: None 2. That a true, full and correct copy of the aforesaid Resolution passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Resolution has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing is a true, full and correct excerpt from said City Council's minutes of said Meeting pertaining to the passage of said Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of said City Council as indicated therein; that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the aforesaid Meeting, and that said Resolution would be introduced and considered for passage at said Meeting, and each of said officers and members consented, in advance, to the holding of said RROCKTSDC\SrLienSTRevRefg2011A: CityAppovinglsssuanceResCert RROCKTSDC\SrLienSTRevRefg201IA: CityAppovinglsssuanceResCert 1 said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose, and that said Meeting was open to the public and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code. 3. That the Mayor of said City has approved and hereby approves the aforesaid Resolution; that the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Resolution for all purposes. RROCKTSDC\SrLienSTRevRefg201IA: CityAppovinglsssuanceResCert 2 SIGNED AND SEALED this August 25, 2011. City Secretary Ma or SEAL RROCKTSDC\SrLienSTRevRefg2011A: CityAppovinglsssuanceResCert 3 RESOLUTION NO. R -11-08-25-9B1 RESOLUTION APPROVING A RESOLUTION OF THE ROUND ROCK TRANSPORTATION SYSTEM DEVELOPMENT CORPORATION AUTHORIZING THE ISSUANCE OF ROUND ROCK TRANSPORTATION SYSTEM DEVELOPMENT CORPORATION SENIOR LIEN SALES TAX REVENUE REFUNDING BOND, SERIES 2011A; APPROVING DOCUMENTS RELATED TO THE SALE OF THE BOND AND OTHER MATTERS RELATED THERETO STATE OF TEXAS § COUNTIES OF WILLIAMSON AND TRAVIS § CITY OF ROUND ROCK § WHEREAS, the Round Rock Transportation System Development Corporation (the "Issuer") was created under the auspices of the City of Round Rock, Texas ("the City") pursuant to Section 4B of the Development Corporation Act of 1979, Article 5190.6, V.A.T.C.S., as amended, now codified as Local Government Code, Title 12, Subtitle Cl particularly Chapters 501 and 505 of the Local Government Code; and WHEREAS, at an election held on August 9, 1997, a majority of the citizens of the City voting at said election authorized the City to levy a sales and use tax on the receipts at retail of taxable items within the City at a rate of one-half of one percent; and WHEREAS, the Issuer has heretofore executed State Infrastructure Loan Agreements with the Texas Department of Transportation dated August 17, 2000 and July 3, 2002, respectively (collectively, the "Loan Obligations") for qualified projects of the Issuer; and WHEREAS, the Issuer has determined to issue refunding bonds to refund and prepay a portion of the Loan Obligations to achieve a present value savings of $806,215.83; and WHEREAS, on August 25, 2011, the Board of Directors of the Issuer adopted a resolution, attached hereto as Exhibit "A", which authorizes the issuance of its Senior Lien Sales Tax Refunding Revenue Bond, Series 2011A (the "Bond"), to refund and prepay the Loan Obligations; and WHEREAS, in accordance with the provisions of the Act, the City shall timely transfer to the Issuer the proceeds of the aforesaid sales and use tax, in accordance with the terms and conditions of that certain Sales Tax Remittance Agreement, dated as of May 15, 2001, between the City and the Issuer and such funds shall be maintained by the Depository of the City and accounted for separately by the City on behalf of the Issuer; and WHEREAS, it is deemed necessary and advisable that this Resolution be adopted by the City Council of the City (hereinafter referred to as the "City Council") in accordance with Section 501.204(a) of the Local Government Code. RRTSDC\SrLienSTRevRefg2011A: CityApprovinglssuanceRes THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS THAT: Section 1. Approval of the Bond and the Bond Resolution. The resolution of the Issuer entitled "RESOLUTION OF THE ROUND ROCK TRANSPORTATION SYSTEM DEVELOPMENT CORPORATION AUTHORIZING THE ISSUANCE OF ROUND ROCK TRANSPORTATION SYSTEM DEVELOPMENT CORPORATION SENIOR LIEN SALES TAX REVENUE REFUNDING BOND, SERIES 2011A; APPROVING DOCUMENTS RELATED TO THE SALE OF THE BOND AND OTHER MATTERS RELATED THERETO," in substantially the form and substance as attached to this Resolution as Exhibit "A" and made a part hereof for all purposes, is hereby approved, and the Bond in the aggregate principal amount of $10,650,000 may be issued by the Issuer to prepay the Loan Obligations and to pay the costs of issuance. Section 2. Confirmation of Sales Tax Remittance Agreement. The Sales Tax Remittance Agreement, dated as of May 15, 2001, between the City and the Issuer is hereby reconfirmed and approved. Section 3. Execution of Documents; No Liability of the City. The City Council of the City hereby authorizes the Mayor, the City Manager and the Assistant City Manager to execute on behalf of the City all documents deemed necessary in connection with the issuance of the Bond and the agreements approved by this Resolution. The City Secretary is authorized to attest any documents necessary. The City shall have no liability for the payment of the Bond nor shall any of its assets be pledged to the payment of the Bond. Section 4. Incorporation of Recitals. The findings and preambles set forth in this Resolution are hereby incorporated into this Resolution and made a part hereof for all purposes. Section 5. Effective Date. This Resolution shall become effective immediately upon passage. RRTSDC\SrLienSTRevRefg201IA: CityApprovinglssuanceRes 2 RESOLVED on this the 25th day of August, 2011. CITY OF >JIQUND ROCK, TEXAS By: ATTEST: By: 14A, L att Sara L. White, City Secretary RRTSDC\SrLienSTRevRefg201IA: CityApprovinglssuanceRes Sig Pg Alan McGraw, Mayor