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R-96-06-27-10B - 6/27/1996WHEREAS, the City Council (the "Council ") of the City of RESOLUTION NO. R- 96- 06- 27 -10B RESOLUTION DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE CITY OF ROUND ROCK, TEXAS ANTICIPATION NOTES, SERIES 1996 AND OTHER MATTERS RELATED THERETO. Round Rock, Texas (the "City ") has determined it to be in the City's best interest to issue a series of notes to make certain water and wastewater system improvements (the "Anticipation Notes "); and WHEREAS, the City finds that the payment in whole or in part of contractual obligations incurred or to be incurred for improvements and extensions to the City's combined water and wastewater system including (i) treatment plant expansions, and (ii) payment of professional services including legal, fiscal, architectural, engineering and any costs of issuance including funding a reserve fund (the "Improvements ") 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 the Anticipation Notes in a maximum principal amount not to exceed $11,500,000 pursuant to the provisions of Article 717w Vernon's Annotated Texas Civil Statutes, as amended, for the purpose of financing the Improvements; and WHEREAS, prior to issuance of the Anticipation Notes, the City is required under Article 2368a and Chapter 252, Local Government Code, to publish notice of its intention to issue the K:\ MPDOCS \RRSOLUTI \R560627B.MPD /scg Anticipation Notes in a newspaper of general circulation in the City; and WHEREAS, the meeting at which this Resolution is adopted was open to the public and public notice of the time, place add purpose of the meeting was given, all as required by Chapter 551, Texas Government Code, as amended. 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 Anticipation Notes, the form and substance of which is hereby adopted and approved. 2. The City Secretary or other authorized representatives of the City, shall cause the notice to be published in substantially the form attached hereto, in a newspaper of general circulation in the City, once a week for two consecutive weeks, the date of the first publication to be at least 14 days prior to the time set for the final passage of the ordinance authorizing issuance of the Anticipation Notes, as shown in the notice. 3. This Resolution shall become effective immediately upon adoption. The Mayor and City Secretary are hereby authorized and directed to execute the certificate to which this Resolution is attached on behalf of the City and the Mayor, City Secretary and City Manager are further authorized to do any and all things proper and necessary to carry out the intent of this Resolution including approving appropriate changes to the notice. RESOLVED this 27th day of June, 1996. 2. ATTEST: City Secretary 3. AAA HARLES CULP ••'•, Mayor City of Round ock, Texas EXHIBIT "A" CITY OF ROUND ROCK; TEXAS NOTICE OF INTENTION TO ISSUE ANTICIPATION NOTES, SERIES 1996, IN THE AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $11,500,000 NOTICE IS HEREBY GIVEN that it is the intention of the City Council of the City of Round Rock, Texas, to issue Anticipation Notes of the City entitled "City of Round Rock, Texas Anticipation Notes, Series 1996 ". The Notes will be payable from (i) the proceeds of future water and wastewater system bonds or notes, (ii) the proceeds of the sale of a portion of the City's wastewater system, and (iii) a subordinate lien on and pledge of the Net Revenues of the City's Combined Water and Wastewater Utility System, all as will be further described, defined and provided in the aforesaid Ordinance. The notes will bear interest from their date at a maximum rate not to exceed 15% per annum, being the maximum permitted by Article 717k -2, V.A.T.C.S., and will be scheduled to mature serially within a maximum of not to exceed 40 years from their date, and will be subject to redemption prior to maturity, and will have such other and further characteristics as will be provided in the aforesaid Ordinance. The notes will be authorized, issued, sold and delivered pursuant to Articles 717w and 1111 through 1118, V.A.T.C.S., and other applicable laws, for the purpose of paying in whole or in part contractual obligations incurred or to be incurred for the improvement and extensions to the City's combined water and wastewater system including (i) treatment plant expansions, and (ii) payment of professional services including legal, fiscal, architectural, engineering and any costs of issuance. The City Council tentatively proposes to introduce an ordinance authorizing the notes at a meeting to commence at 7 o'clock p.m. on the 25th day of July, 1996, at the City Hall, 221 E. Main Street, Round Rock, Texas. The maximum amount of Anticipation Notes that may be authorized for such purpose is $11,500,000. /5/ CHARLES CULPEPPER, Mayor City of Round Rock, Texas DATE: June 25, 1996 SUBJECT: City Council Meeting, June 25, 1996 ITEM: 10. B. Consider a resolution directing the publication of Notice of Intention to issue City of Round Rock, Texas Anticipation Notes, Series 1996 and other matters related thereto. STAFF RESOURCE PERSON: David Kautz In the near future, the City expects to finalize the terms of an agreement between the City, the Lower Colorado River Authority (LCRA) and the Brazos River Authority (BRA) for the providing of wastewater treatment services. However, in the event the agreement is delayed, the City must preserve its ability to adequately finance the treatment plant expansion which is underway. If bond anticipation notes (BANs) are utilized as interim, short -term financing, the City must publish a notice of intent to issue the notes in the newspaper. This notice is required by the Attorney General because the City is pledging water and sewer revenues to the repayment of the BANs. This resolution authorizes publication of the notice only and does not initiate the issuance of BANS.