R-2014-1712 - 8/28/2014 RESOLUTION NO. R-2014-1712
A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY
OF PROPERTY SCHEDULE NO. 2 TO THE MASTER TAX-EXEMPT
LEASE/PURCHASE AGREEMENT WITH U.S. BANCORP, AND
RELATED INSTRUMENTS, AND DETERMINING OTHER MATTERS
IN CONNECTION THEREWITH.
WHEREAS, the City of Round Rock, Texas, as Lessee, entered into a Master Tax-
Exempt Lease/Purchase Agreement with U.S. Bancorp Government Leasing and Finance, Inc.
on September 24, 2013; and
WHEREAS, Lessee is a political subdivision of the State of Texas in which Lessee is
located (the"State") and is duly organized and existing pursuant to the Constitution and laws of
the State of Texas; and
WHEREAS, pursuant to applicable law, the governing body of Lessee ("City
Council') is authorized to acquire, dispose of and encumber real and personal property
including, without limitation, rights and interests in property, leases and easements necessary to
the functions or operations of the Lessee; and
WHEREAS, the City Council desires to obtain certain equipment described in Property
Schedule No. 2, Exhibit "A" ("Property Description'), to the Master Tax-Exempt Lease/
Purchase Agreement in an amount not to exceed $1,450,000.00 (collectively the "Lease") with
U.S. Bancorp Government Leasing and Finance, Inc.; and
WHEREAS, the City Council hereby finds and determines that the execution of the
attached Property Schedule No. 2 and related documents, in the principal amount not exceeding
the amount stated above for the purpose of acquiring the property (the "Equipment') described
specifically in the Lease, is appropriate and necessary to the functions and operations of Lessee,
and that the Equipment is essential for Lessee to perform its governmental functions; and
I 112 1111.omo1111.'
WHEREAS, the funds made available under the Lease will be applied to the
acquisition of the Equipment in accordance with such Lease; and
WHEREAS, Lessee has taken the necessary steps, including those relating to any
applicable legal bidding requirements,to arrange for the acquisition of the Equipment; and
WHEREAS, Lessee proposes to enter into the Property Schedule No. 2 and related
documents with U.S. Bancorp Government Leasing and Finance, Inc. substantially in the forms
presented to the City Council,Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
TEXAS,
Section 1. That the Mayor ("Authorized Representative") acting on behalf of Lessee is
hereby authorized to negotiate, enter into, execute, and deliver the attached Property Schedule
No. 2 and related documents in substantially the form as the documents presently before the City
Council, which documents are available for public inspection at the offices of Lessee. Each
Authorized Representative acting on behalf of Lessee is hereby authorized to negotiate, enter
into, execute, and deliver such other documents relating to the Property Schedule No. 2 as the
Authorized Representative deems necessary and appropriate. All other related contracts and
agreement necessary and incidental to the Property Schedule No. 2 are hereby authorized.
Section 2. That is hereby found and determined that the Property Schedule No. 2 and
related documents (collectively the "Financing Statements"), in the forms set forth in the
documents presently before the City Council and incorporated into this Resolution, are in the
best interests of Lessee for the acquisition of the Equipment.
Section 3. That the Financing Documents and acquisition and financing of the
Equipment under the terms and conditions as described in the Financing Documents are hereby
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approved. The Pledged Revenues and, more specifically, the first position priority pledge of the
Interest and Sinking Fund as well as the pledge of and covenant to levy and collect any and all ad
valorem taxes in amounts sufficient to make all Rental Payments and other obligations hereunder
and to deposit the same into the Interest and Sinking Fund, are expressly approved and
authorized. Lessee, and any officer of Lessee who shall have power to execute contracts on
behalf of Lessee be, and each hereby is, authorized to execute, acknowledge and deliver the
Financing Documents with any changes, insertions and omissions therein as may be approved by
the officers who execute the Financing Documents, such approval to be conclusively evidenced
by such execution and delivery of the Financing Documents. The City Clerk of Lessee, and any
other officer of Lessee who shall have been granted the power to do so, is authorized to affix the
official seal of Lessee to the Lease and to attest the same.
Section 4. That the proper offices of Lessee be, and each hereby is, authorized and
directed to execute and deliver any and all papers, instruments, opinions, certificates, affidavits
and other documents and to do or cause to be done any and all other acts and things necessary or
proper for carrying out this Resolution and the Financing Documents.
Section 5. That the undersigned further certifies that the Resolution authorizing the
Master Tax-Exempt Lease/Purchase Agreement has not been repealed or amended and remains
in full force and effect, and further certifies that the Master Tax-Exempt Lease/Purchase
Agreement executed on behalf of Lessee is the same as presented at such meeting of the City
Council, excepting only such changes, insertions and omissions as shall have been approved by
the officers who executed the same.
Section 6. That this Resolution shall take effect immediately upon its adoption and
approval.
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The City Council hereby finds and declares that written notice of the date, hour, place
and subject of the meeting at which this Resolution was adopted was posted and that such
meeting was open to the public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted upon, all as required by
the Open Meetings Act, Chapter 551, Texas Government Code, as amended.
RESOLVED this 28th day of August,2014.
(ern
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
n^nA
SARA L. WHITE, City Clerk
The City Clerk of the above-named Lessee hereby certifies and attests that she has access to the
official records of the City Council of Lessee, that the foregoing Resolution was duly adopted by
said City Council of Lessee at a meeting of said City Council, and that such Resolution has not
been amended or altered and is in full force and effect on the date stated below.
.
Sara L. White, 't Clerk
Date Signed:
4
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EXHIBIT
DOCUMENT CHECKLIST "A"
PLEASE EXECUTE T WO(2)ORIGINALS OF ALL DOCUMENTS
RETURN ALL ORIGINALS TO:
U.S. BANCORP GOVERNMENT LEASING AND FINANCE, INC.
MYRA AKSAMIT
95017'"STREET,7'"FLOOR
DENVER, CO 80202
303-585-4054
Y Property Schedule No. 2-This document must be executed in the presence of a witness/attestor. The attesting
witness does not have to be a notary,just present at the time of execution.
➢ Property Description and Payment Schedule-Exhibit 1
➢ Lessee's Counsel's Opinion - Exhibit 2. This exhibit will need to be executed by your attorney, dated and
placed on their letterhead.Your attorney will likely want to review the agreement prior to executing this opinion.
➢ Lessee's Certificate-Exhibit 3. 1) Please fill in the person's title who will be executing the certificate in the first
paragraph (note: the person who signs this exhibit cannot be the same person as the executing official(s) for all
other documents); 2) Please fill in the date that the governing body met in Line 1; 3) In the middle set of boxes,
please print the name of the executing official(s)in the far left box,print their fillets) in the middle box and have the
executing official(s) sign the line in the far right hand box; 4) Include in your return package a copy of the board
minutes or resolution for our files, and 5) The exhibit should he executed by someone other than the executing
officials) named in the center box.
D Payment of Proceeds Instructions - Exhibit 4. This is for the vendor payment information. If more than one
vendor is being paid please make copies of this exhibit and fill out as many as are needed.
➢ Acceptance Certificate- Exhibit 5. The date that all equipment is delivered, installed and accepted is the date
that should be placed on the 'DATE" line. If moneys are being deposited into escrow this exhibit should be held
and returned with the final disbursement from the escrow account.
➢ Bank Qualification and Arbitrage Rebate-Exhibit 6.
Y Insurance Authorization and Verification-To be filled out by the Lessee and sent to your insurance carrier. A
valid insurance certificate,or self-insurance letter if the Lessee self-insures, is required prior to funding.
➢ Notification of Tax Treatment-Please provide your State of Sales/Use fax Exemption Certificate.
D Form 8038-G-Blank form provided to Lessee. Please consult your local legal/bond counsel to fill out.
➢ Affidavit
Property Schedule No. 2
Master Tax-Exempt Lease/Purchase Agreement
This Property Schedule No. 2 is entered into as of the Commencement Date set forth below, pursuant to that certain Master Tax-
Exempt Lease/Purchase Agreement(the "Master Agreement"),dated as of September 24, 2013, between U.S. Bancorp Government
Leasing and Finance,Inc.,and City of Round Rock,Texas,
1. Interpretation The terms and conditions of the Master Agreement are incorporated herein by reference as If fully set forth herein.
Reference is made to the Master Agreement for all representations,covenants and warranties made by Lessee in the execution of this
Property Schedule, unless specifically set forth herein. In the event of a conflict between the provisions of the Master Agreement and
the provisions of this Property Schedule, the provisions of this Property Schedule shall control. All capitalized tens not otherwise
carried herein shall have the meanings provided in the Master Agreement.
2, Commencement Dale. The Commencement Date for this Property Schedule is August 28,2014.
3, Property Description and Payment Schedule The Property subject to this Property Schedule is described in Exhibit i hereto. Lessee
shall not remove such property from the locations set forth therein without giving prior written notice to Lessor. The Lease Payment
Schedule for this Property Schedule is set forth in Exhibit 1.
4, Own. The Opinion of lessee's Counsel is attached as Exhibit 2,
5. Lessee's Certificate. The Lessens Certificate is attached as Exhibit 3.
6. Proceeds. Lessor shall disburse the proceeds of this Property Schedule in accordance with the instructions attached hereto as Exhibit
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7. Acceptance Cedificate. The fon of Acceptance Certificate is attached as Exhibit 5. �'..
8, Additional Purchase Option Provisions. In addition to the Purchase Option provisions set forth in the Master Agreement, Lease
Payments payable under this Property Schedule shall be subject to prepayment in whole at any time by payment of the applicable
Tenination Amount set forth in Exhibit 1 (Payment Schedule) and payment of all accrued and unpaid interest through the data of
prepayment
9. Bank Qualification and Arbitrage Rebate. Attached as Exhibit 6.
10, Expiration. Lessor, at its sole determination, may choose not to accept this Property Schedule if the fully executed, original Master
Agreement (including this Property Schedule and all ancillary documents) is not received by Lessor at its place of business by
September 21,2014.
IN WITNESS WHEREOF, Lessor and Lessee have caused this Property Schedule to be executed in their names by their duly authorized
representatives as of the Commencement Date above.
Lessor: U.S. Bancorp Government Leasing and Lessee:City of Round Rock,Texas
Finance,Inc.
By: By:
Name: Name:Alan McGraw
Title: Title: Mayor '..
Attest:
B
Name: Sara While
Title: City Clerk
EXHIBIT 1
Property Description and Payment Schedule
Re'. Property Schedule No.2 to Master Tax-Exempt Lease/Purchase Agreement between U.S. Bancorp Government
Leasing and Finance, Inc.and City of Round Rock,Texas.
THE PROPERTY IS AS FOLLOWS'. The Property as more fully described in Exhibit A incorporated herein by reference
and attached hereto. It includes all replacements, parts, repairs,additions,accessions and accessories incorporated
therein or affixed or attached thereto and any and all proceeds of the foregoing,including, without limitation, insurance
recoveries.
PROPERTY LOCATION: 221 East Main Street '..
Address
Round Rock, TX 78681
City,Stale Zip Code
USE: Various Vehicles - This use is essential to the proper, efficient and economic functioning of Lessee or to the
services that Lessee provides; and Lessee has immediate need for and expects to make immediate use of substantially all
of the Property,which need is not temporary or expected to diminish in the foreseeable future.
Lease Payment Schedule
Total Principal Amount. $1,450,000.00
Lease Principal Interest Termination
Payment No, Due Date Payment Portion Portion Amount
(After Making Payment
for said Due Date
1 1-Mar-2015 151 174.67 139 876.34 11 298.33 1,349 427.37
2 1-Sep-2015 151,174.67 141,186.15 9,988.52 1,204,005.64
3 1-Mar-2016 151,174.67 142,262.56 8,912.11 1,057,475.20 '..
4 1-Se -2016 151,174.67 143,347.19 7,827.48 909,827.59
5 1-Mar-2017 151,174.67 144,440.08 6,734.59 761,054.31 '..
6 1-Sep-2017 151,174.67 145,541.31 5,633.36 611,146.76
7 1-Mar-2018 151 174.67 146,650.93 4,523.74 460,096.30
8 1-Sep-2018 151174.67 147,769.02 1 3,405.65 307894.21
9 1-Mar-2019 _151,174.67 148,895.62 2,279.05 154,531.72 ''..
10 1-Se -2019 1 151,174.6 1 150030.80 1 1143.87 1 0.00
TOTALS: l 1,511,746.70 1 1,450,000.00 1 61,746.70
Interest Rate: 1.520
Lessee: City of Round Rock,Texas
B '
Name:Alan McGraw
Title: Mayor
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EXHIBIT
Propeily Description]
2014 Lease/Purchase Equipment List
II
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TOTAL: SIM9.4531s
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EXHIBIT 2
Lessee's Counsel's O inion
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I�
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Sheets & Crossfield, P.c.
ATTORNEYS AT LAW
309 F,nsl Main Slrccl.Rom,a Rnck,'I'X 986695296
Phone 512-2554977. fax 512-2558986
11Aws-c1o11fie d
August 28,2014
U.S. Bancorp Govermnent Leasing and Finance, Inc.
13010 SW 68"'Parkway, Suite 100
Portland, OR 97223
Re: Master Tax-Exempt Lease/Put-chase Agreement dated as September 24, 2013
(the"Master Agreement")by and between the CITY OF ROUND ROCK,TEXAS
("Lessee")and U.S.Bancorp Government Leasing and Finance,Inc. ("Lessor")
Dcar Sir or Madam:
I have acted as counsel to Lessee with respect to the Master Agreementdescribed above and
various related matter's, and in this capacity have reviewed a duplicate original or certified copy
thereof and Property Schedule No. 02 executed pursuant thereto (together with the Agreement, the
"Lease"). I have examined the law and such certified proceedings and other papers as we deem
necessary to render this opinion,
All capitalized terms not otherwise defined herein shall have the meanings provided in
the Master Agreement and Property Schedule.
As to questions of fact material to my opinion, I have relied upon the representations of
the Lessee in the Master Agreement and the Property Schedules and in the certified proceedings
and other certifications of public officials furnished to us without undertaking to verify the same
by independent investigation.
Baser) upon the foregoing, I am of the opinion that, under the existing law:
1. Lessee is a public body corporate and politic, duly organized mud existing under the laws
of the State of Texas, and has a substantial amount of one or more of the following
sovereign powers: (a) the power to tax, (b) the power of eminent domain, and (c) the {
police power.
2. Lessee has all requisite power and authority to enter into the Master Agreement and
Property Schedules and to perform its obligations thereunder.
3. The execution, delivery and performance of the Master Agreement and the Property
Schedules by Lessee has been duly authorized by all necessary action on the part of the '..
Lessee.
Page 2—Opinion Letter
4. All proceedings of the Lessee and its governing body relating to the authorization and
approval of the Master Agreement and the Property Schedules, the execution thereof and
all transactions contemplated thereby have been conducted in accordance with all
- applicable open meeting laws and all other applicable state and federal laws.
5. Lessee has acquired or has arranged for the acquisition of the Property subject to the
Property Schedules, and has entered into the Master Agreement and the Property
Schedules, in compliance with all applicable public bidding laws.
6. Lessee has obtained all consents and approvals of other governmental authorities or
agencies which may be required for the execution,delivery and performance by Lessee of
the Master Agreement and the Property Schedule, in compliance with all applicable
public bidding laws.
7. The Master Agreement and the Property Schedules have been duly executed and
delivered by Lessee and constitute legal, valid and binding obligations of Lessee,
enforceable against Lessee in accordance with the terms thereof, except insofar as the
enforcement thereof may be limited by any applicable bankruptcy, insolvency,
moratorium,reorganization or other laws of equitable principles or general application,or
of application to municipalities or political subdivisions such as the Lessee, affecting
remedies or creditors' .rights generally, and to the exercise of judicial discretion in
appropriate cases.
I,
R. As of the date hereof, based on such inquiry and investigation as we have deemed
sufficient, no litigation is pending, (or, to our knowledge, threatened) against Lessee is
any court (a) seeding to restrain or enjoin the delivery of the Master Agreement or the
Properly Schedules or of other agreements similar to the Master Agreement; (b)
questioning authority of Lessee to execute the Master Agreement or the Property
Schedules, or the payment of principal or interest on, the Property Schedules; (c)
questioning the constitutionality of any statute, or the validity of any proceedings,
authorizing the execution of the Master Agreement and the Property Schedules; or (d)
affecting the provisions made for the payment of or security for the Master Agreement
and the Property Schedules.
This opinion may be relied upon by the Lessor, its successors and assigns, and any other
legal counsel who provides an opinion with respect to the Property Schedule.
Very Truly Yours,
Stephan L. Sheets
City Attorney
EXHIBIT 3
Lessee's Certificate
Re: Property Schedule No.2 to Master Tax-Exempt Lease/Purchase Agreement between U.S. Bancorp Government
Leasing and Finance, Inc. and City of Round Rock, Texas.
The undersigned, being the duly elected, qualified and acting Mayor of the City of Round Rock('Lessee") does hereby certify,
as of August 28,2014,as follows:
1. Lessee did, at a meeting of the governing body of the Lessee held August 28,2014 by resolution or
ordinance duly enacted, in accordance with all requirements of law, approve and authorize the execution and delivery of
the above-referenced Property Schedule (the "Property Schedule") and the Master Tax-Exempt Lease/Purchase
Agreement(the"Master Agreement")by the following named representative of Lessee,to wit:
NAME TITLE SIGNATURE
OF EXECUTING OFFICIAL OF EXECUTING OFFICIAL OF EXECUTING OFFICIAL
Alan McGraw Mayor
And/Or
2. The above-named representative of the Lessee held at the time of such authorization and holds at the
present time the office set forth above.
3. The meeting(s) of the governing body of the Lessee at which the Master Agreement and the Property
Schedule were approved and authorized to be executed was duly called, regularly convened and attended throughout by
the requisite quorum of the members thereof, and the enactment approving the Master Agreement and the Property
Schedule and authorizing the execution thereof has not been altered or rescinded. All meetings of the governing body of
Lessee relating to the authorization and delivery of Master Agreement and the Property Schedule have been: (a) held
within the geographic boundaries of the Lessee; (b) open to the public, allowing all people to attend; (c) conducted in
accordance with internal procedures of the governing body; and (d) conducted in accordance with the charter of the
Lessee, if any,and the laws of the State. '...
4. No event or condition that constitutes, or with the giving of notice or the lapse of time or both would
constitute, an Event of Default (as such terms are defined in the Master Agreement)exists at the date hereof with respect '..
to this Property Schedule or any other Property Schedules under the Master Agreement.
5. The acquisition of all of the Property under the Property Schedule has been duly authorized by the '..
governing body of Lessee.
6. As of the date hereof, no litigation is pending, (or, to my knowledge, threatened) against Lessee in any
court (a) seeking to restrain or enjoin the delivery of the Master Agreement or the Property Schedule or of other '..
agreements similar to the Master Agreement; (b)questioning the authority of Lessee to execute the Master Agreement or
the Property Schedule, or the validity of the Master Agreement or the Property Schedule, or the payment of principal of or
interest on, the Property Schedule; (c) questioning the constitutionality of any statute, or the validity of any proceedings,
authorizing the execution of the Master Agreement and the Property Schedule;or(d)affecting the provisions made for the
payment of or security for the Master Agreement and the Property Schedule.
City of Round Rock Texas
By.
Title: City Clerk
SIGNER MUST NOT BE THE SAME AS THE EXECUTING OFFICIALS SHOWN ABOVE.
EXHIBIT 4
Pa ment of Proceeds Instruction
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U.S. Bancorp Government Leasing and Finance, Inc.
13010 SW 68th Parkway, Suite 100
Portland,OR 97223
Re: Property Schedule No, 2 (the "Property Schedule") to Master Tax-Exempt Lease/Purchase Agreement
between U.S. Bancorp Government Leasing and Finance, Inc. ("Lessee') and City of Round Rock,Texas
("Lessee").
Ladies and Gentlemen:
The undersigned, an Authorized Representative of the Lessee hereby requests and authorizes Lessor to disburse the net
proceeds of the Property Schedule as follows:
City of Round Rock
Name of Payee:
XXX
By check By wire transfer
If by check, Payee's address:
If by wire transfer, instructions as follows:
JPMorgan Chase Bank
Pay to Bank Name:
221 W.Sixth Street, Floor 2 Austin,TX 78701
Bank Address,
512-479-2720
Bank Phone#:
City of Round Rock Operating Acct
For Account of:
456891386
Account No.:
021000021
ABA No.:
Lessee:City of Round Rock,Texas
B :
Name:Alan McGraw
Title: Mayor
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EXHIBIT 5
Acceptance Certificate
U.S. BancorpGovernment Leasing and Finance, Inc.
9
13010 SW 68th Parkway, Suite 100
Portland, OR 97223
Re: Property Schedule No.2 to Master Tax-Exempt Lease/Purchase Agreement between U.S. Bancorp Government j
Leasing and Finance, Inc.and City of Round Rock,Texas
Ladies and Gentlemen:
i
In accordance with the above-referenced Master Tax-Exempt Lease/Purchase Agreement (the"Master Agreement"), the
undersigned ("Lessee") hereby cedities and represents to, and agrees with, U.S. Bancorp Government Leasing and
Finance, Inc.("Lessor'),as follows:
(1) The Property, as such terms are defined in the above-referenced Property Schedule, has been acquired,
made,delivered, installed and accepted on the date Indicated below.
(2) Lessee has conducted such inspection and/or testing of the Property as it deems necessary and appropriate
and hereby acknowledges that it accepts the Property for all purposes.
(3) No event or condition that constitutes, or with notice or lapse of time, or both, would constitute, an Event of
Default(as such terms are defined in the Master Agreement)exists at the date hereof.
Acceptance Date:
Lessee:City of Round Rock,Texas
B :
Name.Alan McGraw
Title: Mayor Ali
EXHIBIT
Bank Qualification And Arbitrage Rebate
U.S. Bancorp Government Leasing and Finance, Inc.
13010 SW 68th Parkway, Suite 100
Portland, OR 97223
Re: Property Schedule No.2 to Master Tax-Exempt Lease/Purchase Agreement between U.S. Bancorp Government
Leasing and Finance, Inc.and City of Round Rock, Texas
Bank Qualified Tax-Exempt Obligation under Section 265
Lessee hereby designates this Property Schedule as a "qualified tax-exempt obligation" as defined in Section '..
265(b)(3)(B) of the Code. Lessee reasonably anticipates issuing tax-exempt obligations (excluding private activity bonds
other than qualified 501(c)(3)bonds and including all tax-exempt obligations of subordinate entities of the Lessee)during the
calendar year in which the Commencement Date of this Property Schedule falls,in an amount not exceeding$10,000,000.
Arbitrage Rebate
Small Issuer Exception: '..
(a) Lessee is a governmental unit under the law of the State with general taxing powers, (b)this Property Schedule
is not a private activity bond as defined in Section 141 of the Code, (c) 95% or more of the net proceeds of this Property
Schedule will be used for local government activities of Lessee, and (d) the aggregate face amount of all tax-exempt
obligations (other than private activity bonds) issued by Lessee (and all subordinate entities thereof) during the calendar
year in which the Commencement Date of this Property Schedule falls is not reasonably expected to exceed $5,000,000
(plus any additional amounts, not to exceed $10,000,000 which are for the construction, reconstruction or rehabilitation of
public school facilities).
Lessee:City of Round Rock,Texas
B :
Name:Alan McGraw
Title: Mayor
TML■ Certificate of Coverage
TMLIRP Contract Numbera� 13127
Member: Company Affording Coverage:.
Round Rack Texas Municipal League Intergovernmental Risk Pool(TMLIRP)
Mr,Michael Bennett PO Box 149194
Risk Manager Austin,TX 78714-9194
221 E Main Ave 51e 10D (512)491-2300 or(800)5375655
Round Rock,Taxea 70664 Fax:(512)491-2404
Certificate Holder:
U.S. Bancorp Government Leasing and Finance, Inc. I.
13010 SW 68th Parkway, Suite 100
Portland, OR 97223
This is to certify that the coverages listed below,have been provided to the member and are in effect at this time. Notwithstanding any requirements,
terms,or conditions of any other contract or agreement with respect to which this certificate may be issued or may pertain,the coverage afforded by
TMLIRP doscrhand hmoln is subject only to the terms,exclusions and addlllons of TMLIRP's coverage contracts between TMLIRP and Its memixi(s).
Coverage is continuous unit canceled.
General Uriblllly Effective Dale: 1011/2013 Real Is Personal Property Effective Dale: IWWO13
Anniversary Data 10118014 Anniversary Date: 10/18014
Limits of Liability(Each Occurrence): $1,000,000 Limits of Cmorago $222,508,631
Sudden Events Involving Pollution
(Each Occurrence): $1,000,000 Deductible per Occurrence $2,500
Annual Aggregate: $2,000,000 Mobile Equipment Effective Date: 1W12013
Deducible per Occurrence: $2,500 Anniversary Dale: 1018014
Law Enforcement Liability Effective Dale: Limits of Coverage: $5,495,105 '..
Anniversary Dale: Deductible per Occurrence: $2,500
Limits of Llabillly(Each Occurrence): Boller&Machinery-Broad Form Effective Dale: 1012013 I.
Annual Aggregate: Anniversary Date: 10118014
Deductible per Occurrence: Per Accident Lia l: $18500.000
Errors and Omissions Llablllty Effective Dale: Deductible per Occurrence: $2500
Anniversary Dale: Yea No
Limits of Llabilik(Each Wrongful Aaty. Mortgagee X
Annual Aggergata: Loss Payee X
Deductible per Occurrence: Loan Number,
Auto Liability Effective Date: YeadMakefModel VIN Value
Anniversary Dale:
Limits of Liability(Each Oceurrence):
Deductible per Occurrence:
Aub Physical Damage Effective Date'
Anniversary Dale:
Limits of I-Il llly:
Collision Deductible:
Comprehensive Deductible:
Yes No
Loa,Payee: Loan Number'
DESCRIPTION:
Evidence of Coverage
Concepcion: Shaul any afthe above described coverages be canceled before the anniversary dale thereof.TMLIRP will endeavor to mat
30 days written notice to the above named certificate holder,but failure to mail such notice shall impose no obligation or liability of any kind
upon TMLIRP.
Authorized RReposeentrtyra Date Issued
__ /`Y✓"'//(�o�) §1_0)2014 X102
10115/00
i
Notification of Tax Treatment to Tax-Exempt Lease/Purchase Agreement
This Notification of Tax Treatment is pursuant to Property Schedule No. 2 to the Master Tax-Exempt Lease/Purchase Agreement
dated as of September 24,2013 and the related Property Schedule,between Lessor and Lessee(the"Agreement'). �
I
Lessee agrees that this Property Schedule SHOULD be subject to sales/use taxes
X Lessee agrees that this Property Schedule should NOT be subject to sales/Use taxes and Lessee has previously
provided our tax-exemption certificate to Lessor
Lessee agrees that this Property Schedule should NOT be subject to sales/use taxes and no tax-exemption certificate is
issued to us by the State
Lessee agrees that this Property Schedule is a taxable transaction and subject to anytall taxes
Lessee agrees that this Property Schedule is subject to salesluse taxes and will pay those taxes directly to the State or
Vendor
IN WITNESS WHEREOF,Lessee has caused this Notification of Tax Treatment to be executed by their duly authoriwd representative.
Lessee: City of Round Rock,Texas
By:
Name:Alan McGraw
Title: Mayor
Instructions for Form }�7{{�Depanment of
l Reethe Treasury
a(„vInternal Revenue Service
8038-G
(Rev. September 2011 )
Information Return for Tax-Exempt Governmental Obligations
Section references are to the Internal indenture or other bond documents.See Rounding to Whole Dollars
Revenue Code unless otherwise noted. Where To File next. You may show amounts on this return as
General Instructions Where To File whole dollars.To do so,drop amounts
less than 50 cents and increase amounts
Purpose of Form File Form 8038-G, and any attachments, from 50 cents through 99 cents to the
Form 8038-6 is used by issuers of with the Department of the Treasury, next higher dollar.
tax-axemPt 9 9 governmental obligations to Internal Revenue Service Center,Ogden, Questions on Filing Form
provide the IRS with the information UT 84201. 8038-G
required by section 149(e)and to monitor Private delivery services. You can use For specific questions on how to file Form
the requirements of sections 141 through certain private delivery services 8035-G send an email to the IRS at
750. designated by the IRS to meet the"timely TaxExempt6oncrQuestions0he.gov
Who Must File mailing as timely filinglpaying'rule for tax and pul"Form 8038.G Question'in the
returns and payments These private subject line. In the email include a
IF the Issue price THEN,for texrexeo i delivery services undone only the description of your question,a return
(line 21,column(b)) governmental following: email address,the name of a contact
• DHL Express(DHL): DHL Same Day person,and a telephone number.
I, obligations Issued Service.
after December 31, • Federal Express(FedEx):FedEx Definitions
1896,Issuers must Priori( Overnight,FedEx Standard
file._ y Tax-exempt obligation. This is any
Overnight,FedEx Way,FedEx obligation,including a bond,installment
$100.000 or more Aeepamte Form International Priority,and FedEx purchase agreement,or financial lease,
W38-G for each Issue Intemallanal First. on which the interest is excluded from
Less Than$100,000 Form 803&GC, • United Parcel Service(UPS):UPS Next income under section 103.
Information Return for Day Air,UPS Next Day Ah Saver, UPS Tax-exempt governmental obligation.
Small Tax-Exempt 2nd Day Air, UPS 2nd Day Air A.M., UPS
PWorldwide Express Plus,and UPS Atax-exempt obligation that is not a
Governmental Band Worldwide Eprivate activity band(see below)is a
ssu
Ies,Leases o
and we x press. tax-exempt governmental obligation.This
Installment Sales The private delivery Service can tell includes a bond issueda qualified
you how to get written proof of the mailing volunteer fire department
under section
Foraldate. 150(e).
recovery
build a erica bonds and
13 d'Zopmerif economic obligation
nissued
activity bond. This includes an
Other Forms That May Be obit anon issued as an of an issue in
development bends use Form c P
America Information Return Build Required which:
Economic
Deve and Recovery Zone Forrebatingi i lieu of
for moon a • More than 10%of the proceeds are to
Economo Devndspecn!Bonds. For fax penalty in lieu of arbitrage rebate)to the be used for any private activity business
credit bolls and specified lax creditcrab Federate Rebate,
use Form on and, use,and
bonds use Form edit Bon,Information Arbitrage Rebate, rbiitr Reduction and • More than 10%ofthe the
payment of
either Rehm for Tax Credit Bonds and Penalty in lieu of Arbitrage Rebate, principal or interest of the issue is either
Specified Tax Credit Bonds. (a)secured by an interest in property to
For private activity bonds,use Form be used for a private business use(or
When TO File 8038,Information Return for Tax-Exempt payments for such property)or(b)to be
File Form Ili on or before the 15th Private Activity Bond Issues. derived from payments for property(or
day of the 2nd calendar month after the borrowed money)used for a private
close of the calendar quarter In which the For build America bonds(Direct Pay), business use.
bond is issued.Form 8038-G may net be build America bonds(Tax Credit),and
y recovery zone economic development It also includes a bong the proceeds
filed before the issue date and must be bonds,complete Form 8038-B, of which(a)are to be used directly or
completed based on the facts as of the Information Return for Build America indirectly to make or finance loans(other
issue date. Bonds and Recovery Zone Economic than loans desenbed in section 141(c)(2))
Late filing. An issuer may be granted an Development Bonds, to persons other than governmental units
extension of time to file Form 9038-G and(b)exceeds the lesser of 5%of the
under Section 3 of Rev.Prod.2002-48, For qualified forestry conservation proceeds or$5 million.
2002-37 LR.B.531,if it is determined that bonds,new clean renewable energy Issue price. The issue price of
the failure to file timely is not due to willful bonds,qualified energy conservation obligations is generally determined under
neglect.Type or print at the tap of the bonds,qualified zone academy bonds, Regulations section 1 148 Thus,
form"Request for Relief under section 3 qualified school construction bonds,clean when issued for cash,the issue price is
of Rev.Prod.2002-48"and attach a letter renewable energy bonds, Midwestern tax the first price at which a substantial
explaining why Forth 8038-G was not credit bonds,and all other qualified tax amount of the obligations are sold to the
submitted to the IRS on time.Also credit bonds(except build America public.To determine the issue price of an
indicate whether the bond issue in bonds),file Form 8038-TC, Information obligation Issued for property,see
question is under examination by the IRS. Return for Tax Credit Bonds and sections 1273 and 1274 and the related
Do not submit copies of the trust Specified Tax Credit Bonds, regulations,
Sep 20,2011 CaL No,63774D
Issue. Generally,obligations are treated return for the same date of issue. If you exchanges the bonds that are part of the
as part of the same issue if they are are filing to correct errors or change a issue for the underwriter's(or other
issued by the same issuer,on the same previously filed return,check the purchasers)funds. For a lease or
date,and in a single transaction,or a Amended Return box in the heading of installment sale,enter the data interest
Series of related transactions. However, the form. starts to accrue in a MMIDDIYYYY
obligations issued during the same The amended return must provide all format.
calendar year(a)under a loan agreement the information reported on the original Line S. If there is no name of the issue,
untler which amounts are to be advanced return,In addition to the newor corrected
periodically(a"draw-down loan")or(b) information.Attach an explanation of the islsuee provide other identification of the
with a term not exceeding 270 days,may reason for the amended return and write
be treated as part of the same issue if the across the top,'Amended Return Line 9. Enter the CUSIP(Committee on
obligations are equally and ratably Explanation.°Failure to attach an Uniform Securities Identification
secured under single indenture or loan explanation may result in a delay in Procedures)number of the bond with the
agreement and are issued under a processing the form. latest maturity. Ifthe issue does not have
common financing arrangement(for a CUSIP number,write"Nona.'
example,under the same official Lina 1. The issuer's name is the name of
statement periodically updated to reflect the entity issuing the obligations, not the Line Igo. Enter the name and title of the
changing factual circumstances).Also,for name of the entity receiving the benefit of officer or other employee of the issuer
obligations issued under a drawdown the financing Fora lease or installment whom the IRS may call for more
loan that meet the requirements of the sale,the issuer is the lessee or the information.If the issuer wishes to
preceding sentence,obligations issued purchaserdesignate a person other than an officer
during different calendar years may be Line 2. An issuer that does not have an or other employee of the issuer(including
treated as part of the same issue If all of employer identification number(EIN) a legal representative c paid preparer)
the amounts to be advanced under the should apply for one on Form SS-4, whom the IRS may call for more
drawdown loan are reasonably expected Application for Employer Identification information about the return,enter the
to be advanced within 3 years of the date Number You can get this form on the IRS name,title,and telephone number of
of issue of the first obligation.Likewise, website at IRS.gov or by calling such person on lines 3a and 3b.
obligations(other than private activity 1-800-TAX-FORM(1-800-829-3676).You ® Complete lines 10a and 10b even
bonds)Issued under a single agreement may receive an LIN by telephone by 1 )fyou complete lines 3a and 3b.
that is in the form of a lease or installment following the instructions for Form SS4, li
sale may be treated as part of the same Line 3a. If the issuer wishes to authorize
issue if all of the property covered by that a person other than an officer or other Part 11—Type of Issue
agreement is reasonably expected to be employee of the issuer(including a legal
delivered within 3 years of the dale of representative or repaid preparer)
issue of the first obligation. p p I the o
p )to Elections rad fp in Pert II are
communicate with the RS and whom the I made on the original bond
Arbitrage rebate. Generally, interest on IRS may canted about this return documents,not on this farm.
a sets the
local hand is not d rebates
t (inducting in writing c by telephone),
unless the Issuer of the hand rebates n enter the name of such person here.The Identify the type cof orresponding
iobligations issued
the United States arbitrage profits d in person listed in line to must be a (s entering the corresponding issue price
from investing prowess of the bond in individual.Do not enter the name and lithe (sea Issue price under Definitionseand
See s ctionng nonpurpose investments. is an ueofficer or other employee t the Attach a schedule atlistingare names and s
Sae section n Issue.
. issuer here(use line 10a for That of these obligations.
that are a use proceedsrhos
Construction Issue. This is an issue a purpose). of these obligations,if different from those
tax-exempt bonds that meek bath of the Note. By authorizing a person other than of the issuer, include a brief summary of
following conditions. the
authorized officeroris with the IRS
of then is andindicateal oiheror not such
1. At least 75%of the available the issuer to IRS may
withi about
usenongovernmental entity.or
construction proceeds are to be used for and wham the IRS may contact about this nongovernmental entity. ,
construction expenditures with respect to return,the issuer authorizes the IRS to Une 16. Enter a description of the issue
property to be owned by a governmental communicate directly with the individual in the space provided,
unit or a section 601(c)(3)organization, entered on line 3a and consents to
and disclose the issuers return information to Line 19. If the obligations are short-term
2. All the bonds that are part of the that individual,as necessary,to process tax anticipation notes or warrants(TANS)
issue are qualified 501(c)(3)bonds, this returnor short-term revenue anticipation notes
bonds that are not private activity bonds, or warrants(RANs), check box 19a. if the
P Y Lines 4 and 6. If you listed an individual
or private activity bonds issued to finance on line 3.to communicate with the IRS obligations are short-form bond
properly to be owned by a governmental and whom the IRS may contact about this anticipation notes they
will ,issued with the
unit or a section 501(c)(3)organization. return,enter the number and street(or the proeed& f i ng-terl bonds
s with
P.O.box if mail is not delivered to street the proceeds of long-term bonds t some
In lieu of rebating any arbitrage that future date,check box 19b.Do not check
may be owed to the United States,the address),city,town,or post office,stale, both boxes. '..
issuer of a construction issue may make and ZIP code of that person.0thelwise,
an irrevocable election to pay a penally. enter the issuers number and Street(or Une20. Check this box ifproperty other
The penalty is equal to 14Z%of the R0.box if mail is not delivered to street than cash is exchanged for the obligation,
amount of construction proceeds that do address),city,town,or post office,state, for example,acquiring a police car, a fire
not meet certain spending requirements. and ZIP code. truck,or telephone equipment through a
See section 148(f)(4)(C)and the Note. The address entered on lines 4 series of monthly payments.(This type of
Instructions for Form 801 and 6 is the address the IRS will use for obligation is sometimes referred to as a
all written communications regarding the "municipal lease.")Also check this box if
Specific Instructions processing of this return, including any real property is directly acquired in
p notices. exchange for an obligation to make
Part I—Reporting Authority Line 5. This line is for IRS use only, Da periodic payments of interest and
not make hi entries in this box. principal. Do not check this box if the
Amentletl return. An issuer may file an Y proceeds of the obligation are received in
amended return to change or add to the Line 7. The date of issue is generally the the form of cash,even if the term"lease'
information reported on a previously filed date on which the issuer physically is used in the title of the issue.
2
Part III—Description of principal,interest,or call premium on any the conditions of the private business
tests or the private loan fnandng lest to
Obligations other issue of bonds after 90 days of the
data of issue,including proceeds that will be met,then such issue is also an issue
Line 21. For column(a),the final be used to fund an escrow account for of private activity bands.Regulations
maturity date is the last date the issuer this purpose. sectien 1.141-2(d)(3)defines a deliberate
must redeem the entire issueaction as any action taken by the issuer
For column(b),see Issue price under Part V—Description of that is within its control regardless of
Definitions ead!ec Refunded Bonds whether there is intent to violate such
For column(c),the stated redemption Complete this part only if the bonds are to tests,Regulations section 1.141-12
price at maturity of the entire issue is the be used to refund a prior issue of explains the conditions to taking remedial
sum of the slated redemption prices at tax-exempt bonds. For a lease or action that prevent an action that causes
installment sale,write-NIA'in he space an issue to meet the private business
maturity of each bond issued as pert of
the issue.For a lease is installment sale, to the right of the title for Part V. tests ar private loan financing test from
write'NW In column(c). Lines 31 and 32. The remaining being treated as a deliberate action
For columnd ,the weighted average weighted average maturity Is determined Check the box if the issuer has
O without regard to the refunding.The established written procedures to ensure
maturity is the sum of the products of the weighted average maturity is tletermined timely remedial action for all nonqualified
issue price of each maturity and the in the same manner as on line 21,column bonds according to Regulations section
number of years to maturity(tletermined (d) 1.141-12 or other remedial actions
separately for each maturity and by laking authorized by the Commissioner under
account Line 34. It more than a single issued
divided by the issue price of the re bonds will be refunded,enter the date of Regulations section 1.141-12th),
issue(from line 21,column(b)).For a issue of each issue. Enter the date in an Line 44. Check the box if the issuer has
lease or installment sale,enter instead MMIDD/YYYY format. established written procedures to monitor
compliance with the arbitrage,yield
the total number of years the lease or Part VI—Miscellaneous restriction,and rebate requirements of
installment sale will be outstanding. section 148.
For column(e),the yield,as defined in LIne 35. An allocation of volume cap is
section 146(h),is the discount rate Thal, required if the nonqualified amount for the Line 45a. Check the box if some count !
when used to compute the present value issue is more than$15 million but is not the proceeds was used to reimburse
of all payments of principal and interest to more than the amount that would cause expenditures.Figure and then enter the
be paid on the obligation,produces an he issue to be private activity bontls, amount of proceeds that are used to
amount equal to the purchase price, Line 36. If any potion of the gross reimburse the issuer for amounts paid for
including accrued interest.See proceeds of the issue is or will be a qualified purpose prior to the issuance
Regulations section 1.148-4 for spectra invested in a guaranteed investment of the bonds.See Regulations section
rules to compute the yield on an issue.If contract(GIC),as defined in Regulations 1.150-2.
the issue is a variable rate issue, its section 1.148-1(b),enter the amount of One 46b. An issuer must adapt an
WW as the yield of the issue.For other the gross proceeds so invested,as well official intent to reimburse itself for
than variable rate issues,carry the yield as the final maturity data of the GIC and preissuance expenditures within 60 days
out to four decimal places(for example, the name of the provider of such contract, after payment of the original expenditure ,
5.3125%).lithe issue Is a tease or Line 37. Enter the amount of the unless excepted by Regulations section
installment sale,enter he effective rate of proceeds of this issue used to make a 1.150-2(f). Enter the data the official
interest being paid. loan to another governmental unit,the intent was adopted.See Regulations
section 1.150-2(e)for more information
interest of which is lax-exempt.
Part IV—Uses of Proceeds of !
Bond Issue Line 38. If the issue is a loan of about official Intent.
write proceeds from another tax-exempt issue. Signature and Consent
For the
t installment sale, check the box and enter the data of issue, An authorized representative of the issuer
in the space is the right of the title for Part EIN,and name of issuer of the master
IV pool obligation. must sign Form 6038-G and any
Line 22. Enter the amount of proceedsLine 40. Check This box if the issue is a applicable certification.Also print the
that will be used to pay interest from the construction issue and an irrevocable name and title of the person signing Form
of
date the bonds are dated to the data of election to a a penalty in lieu of 8 e issuer
The au g this f representativehe
issue. pay p y the ority to
form must have ffre
aefore the
rebate has been madeonor authority ro consent to the disclosure of
Line ad Enterwill b amount of the before the date the bands were issued, the issuer's return information n, !.
issuance that will be used to pay bond The penally is payable with a Form necessary to process this return to the
issuance costs,including fees for trustees date the
for each are
period atter the persons)that have been designated in
and band counsel.If no bond proceeds date the bands ere issued.lieu
not make Norm 8li the i
will r used to pay bond Issuance costs, any payment of penally in lieu of arbitrage Note.colonnade
issuer in Part 1,lines at and
enter zero.Do not leave this line blank. rebate with this form.see Rev.Prot.
3b authorizes rhe IRS d communicate
Line ed Enterwill be used t of the regard 1992-1 C 13."election
738 forruleswith person
other and by telephone)
proceeds that will be used to pay fees for regarding the"election document' with a person employee ofthe is an omcer n !
credit enhancement that are taken into Line a ti Check this box if the issuer o is for ,theis u the Issuer,by signing
account in determining the yield (h the has identified a hedge eg its books and this form,the issuer's authorized
issue for purposes of section 148(h)1.h)(for records according to Regulations sections representative mureins to he disclosure
example,bond insurance premiums and permit an is)(viii)and 1.14rnint bonds
that of the issuers return information,certain tas
o
Llni Enter
letters aofnto p. permitanof titto be
to necessary to process this return is such
Line ill Enter the amount a proceeds identify a hedge for it o be included r person.
that will be allocated to such a fund. yield calculations for computing arbitrage,
Line D, Enter the amount of the Line42. In determining if the issuer has Paid Preparer
proceeds that will be used to pay super-integrated a hedge,apply the rules If an authorized officer of the issuer filled
principal,interest,or call premium on any of Regulations section 1.146-4(h)(4) If in this return,the paid preparer's space
other issue of bonds within 90 days of the the hedge is super-integrated,check the should remain blank.Anyone who
date of issue. box. prepares the return but does not charge
Line 28. Enter the amount of the LIne43. If the issuer takes a'deliberate the organization should not sign the
proceeds that will be used to pay action'after the issue date that causes return. Certain others who prepare the !.
3
return should not sign. For example,a the information.We need it to ensure that Learning about the law or 2 hr.,41 min.
regular,full-time employee of the issuer, you are complying with these laws. the form .. . . . . ..... ..
such as a clerk,secretary,eta,should You are not required to provide the Preparing,copying, 3 hr.,3 mm.
not sign. information requested on a form that is leming, serol..
Generally,anyone who is paid to subject to the Paperwork Reduction Act the formmto the
IPS. . . . . .
prepare a return must sign it and fill in the unless the form displays a valid OMB If you have comments concerning the
other blanks in the Paid Preparer Use central number. Books or retards relating accuracy of these time estimates or
Only area of the return. to a form or its Instructions must be suggestions for making this form simpler,
The paid Preparer must: retained as long as their contents may we would be happy to hear from you.You
• Sign the return in the space provided become material in the administration of can write to the Internal Revenue Service,
for the preparers signature(a facsimile any Internal Revenue law.Generally,tax Tax Products Coordinating Committee,
signature is acceptable), returns and return information are SE'W.CAR:MP:T:M:S, 1111 Constitution
• Enter the preparer intonnatlon,and confidential,as required by section 6103, Ave. NW,IR-6526,Washington, DC
• Give a copy of the return to the issuer. The time needed to complete and file 20224.Do not send the form to this
this form varies depending on individual office. Instead,see Where To File,
Paperwork Reduction Act Notice. We circumstances.The estimated average
ask for the information on this form to time is:
carry out the Internal Revenue laws of the
United States.You are required to give us
.4.
Pprm8038-G I Information Return for Tax-Exempt Governmental Obligations
Rev.Seplember2011) ►Under let....I Revenue Code sactien 149(.) 01 No.1545-0120
►see separate insinuations.
Depricent d fhe 7teasely Cautbnaf the Issue price is under$100,000.use Form 38 GC
Inla-,col Rewour Soves
Reporting Authority If Amended Return,check here ► ❑
•1 hatters name 2 lssuet empfoyar ldanunealon number lElfe
3. Name of .n(or.,than terse with whin In.IRS.1 enneenhcefeaWuf this realm lace inslmcbona) 3b Tdepbone rumba,of h., —n slaw,on 3. ISI
4 Number end s&..II.,PO.box 11 pro 11,nor dottered to street edtlmss) PpoMsuile 5 Report number ItmeUse Only)
J I
s cry,then,or pe;Fti i end ZIP ex. Oate of Issue
e Name of issue . CUSIP number
10. Ne and lXle of oMce,woOeremployee of lM1e ltsuar whom the IRS may call for mom inI.Tr ,lase 1 M Telephone ember of olllw,or other
ours s) enlpbyae shown on ioa
thisinatillit Ty a of Issue enter the issue price).Seethe Instructions and attach schedule.
11 Education . . . . . 11
12 Health and hospital . . . . . 12
13 Transportation . . . . 13
14 Public safety. . . . 14 til
15 Environment(including sewage bonds) 15
16 Housing . . . . 16
17 Utilities . . . . . . . . . . . . . . . . . . . 17
18 Other.Describe ► 18 '.
10 If obligations are TANS or RANs,check only box l 9a ► ❑
If obligations are RANs,check only box 19b . . . . . ► ❑
20 If obligations are in the form of a lease or installment sale,check box . . ► ❑
Description of Obli ations.Com tete for the entire issue for which this form is thein filed.
a Pinel mewm die us tissue - 'd
slated"were Imola ehahmd pnl vhew
O Y Pnw P,ite el maWAlY 9e mafWlY �,..
21 ears %
U of P ads f Bond Issue(includ'n underwriters'discount)
22 Proceeds used for accrued interest . . .
23 Issue price of entire Issue(enter amount from line 21,column(b)) . . .
24 Proceeds used for bond issuance costs lincluding underwriters'discount). i411
25 Proceeds used for credit enhancement . . . .
26 Proceeds allocated to reasonably required reserve or replacement fund
27 Proceeds used to currently refund prior issues
28 Proceeds used to advance refund prior issues
29 Total(add lines 24 through 28) . . . .
30 Nonrefunding proceeds of the issue(subtract line 29 from line 23 and enter amount he 30
Descri tion of Refunded Bonds.Com pole this Per,Lelly for refunding bonds.
31 Enter the remaining weighted average maturity of the bonds to be currently refunded . . . . ► years
32 Enter the remaining welghted average maturity of the bonds to be advance refunded . . . . ► years
33 Enter the last date on which the refunded bonds will be called(MM/DD/YYYY) . . . . . . ►
34 Enter the clt O the ( tl d bonds issued►p a,ardDNYY11
For Paperwork Reduction Act Notice,see separate Instructions. cat.No.537735 Pcrm 8038-0(Rev,9 2011)
Fam BL3BG 00
6;W
Pa0e2 III
Miscellaneous
35 Enter the amount of the state volume cap allocated to the issue under section 14t(b)(5) 35
36a Enter the amount of gross proceeds invested or to be Invested in a guaranteed investment contract
(GIC)(see instructions) . . . . . . . . . . . . . . . . . . 36a
le Enter the final maturity date of the GIC►
C
Enter the name of the GIC provider►
37 Pooled financings: Enter the amount of the proceeds of this issue that are to be used to make loans
to other governmental units . 371 1
38a If this issue is a loan made from the processed of another tax-exempt issue,check box► ❑and enter the following information:
Is Enter the date of the master pool obligation►
c Enter the EIN of the issuer of the master pool obligation 10-
d
d Enter the name of the issuer of the master pool obligation he
39 If the issuer has designated the issue under section 265(b)(3)(B)(i)(III)(small issuer exception),check box . . . . ► ❑
40 If the issuer has elected to pay a penalty in lieu of arbitrage rebate,check box . . . . . . . . . . . I. ❑
41a If the issuer has identified a hedge,check here le ❑ and enter the following information:
Is Name of hedge provider►
C Type of hedge►
d Term of hedge 0,
42 If the Issuer has superintegrated the hedge,check box . ► ❑
43 If the issuer has established written procedures to ensure that all nonqualified bands of this Issue are remediated
according to the requirements under the Code and Regulations(see instructions),check box . . . . . . . ► ❑
44 If the issuer has established written procedures to monitor the requirements of section 148,check box . . . ► ❑
45a If some portion of the proceeds was used to reimburse expenditures,check here 0. ❑ and enter the amount
of reimbursement . . . . . . . . . ►
b Enter the date the official intent was adopted►
"ho"porieta s 01 perjury•I tle reathat l nave examiard thik oeurn and scmmM
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AFFIDAVIT
i
STATE OF TEXAS §
§
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTIES OF WILLIAMSON §
& TRAVIS §
BEFORE ME, the undersigned authority, on this day personally appeared Alan McGraw,
known to me to be the person whose name is subscribed to the following instrument, and who,
being duly sworn upon his oath, deposed and stated as follows:
1. "My name is Alan McGraw. 1 am the duly elected, qualified, and acting Mayor of the
City of Round Rock, Texas ("City"). I am over eighteen years of age, of sound mind, and
capable of making this affidavit. I have personal knowledge of the facts recited herein, and
competent to testify to all facts recited herein,and all such facts are true and correct."
2. "The City is the sole owner of the Property identified in Property Schedule No. 2
("Property") of the Master Tax-Exempt Lease/Purchase Agreement between U.S. Bancorp
Government Leasing and Finance, Inc. and the City of Round Rock and attached hereto as
Attachment A"
3. "Copies of the original titles in possession of the City have been attached hereto as
Anachment B."
4. "The City is in sole possession of the Property and has full rights and power to enter into
a Master Tax-Exempt LeaselPurchase Agreement for said Property."
5. "The Property has all been acquired and is located in Round Rock,Texas." ,
6. "There are no pending suits or judgments, executions, attachments in any court other
forum with regard to the Property of any other legal obligations which may be enforced against
003096961ss2 ',
the Property."
7. "The City has created a special Interest and Sinking Fund (the "Interest and Sinking
Fund") solely for the benefit of the Master Tax-Exempt Lease/Purchase Agreement for said
Property. The Interest and Sinking Fund shall be kept separate and apart from all other funds
and accounts of the City, and shall be used only for paying interest and principal in accordance
with Exhibit 1, Properly Description and Paynent Schedule, of the Master Tax-Exempt
Lease/Purchase Agreement. All ad valorem taxes levied and collected for and on account of the
Master Tax-Exempl Lease/Purchase Agreement shall be deposited, as collected, to the credit of
the Interest and Sinking Fund. During each year while the principal and or interest thereon are
outstanding and unpaid, the governing body of the City shall compute and ascertain a rate and
amount of ad valorem tax money required to pay the interest pursuant to Exhibit 1, Property
Descriplion and Payment Schedule, of the Master Tax-Exempt Lease/Purchase Agreement as
such interest comes due, and to provide and maintain an Interest and Sinking Fund adequate to
pay the principal pursuant to Exhibit 1, Propeily Description and Payment Schedule, of the
Master Tax-Exempt Lease/Purchase Agreement as such principal becomes due (but never less
than 2% each year), and said tax shall be based on the last approved tax rolls of the City, with
full allowance made for tax delinquencies and the cost of tax collection.
7. "The City designates Property Schedule No. 2 as "qualified tax-exempt obligation" as
defined in Section 265(b)(3)(B) of the Code. The City does not reasonably anticipate issuing
tax-exempt obligations in calendar year 2013 in an amount exceeding$10,000.00.
Affiant
2
I�
STATE OF TEXAS §
COUNTIES OF WILLIAMSON AND §
TRAVIS §
j,
SUBSCRIBED AND SWORN TO ME BEFORE, on this the day of August,
2014,by Alan McGraw, to certify which witness my hand and seal of office. j
i
NOTARY PUBLIC, STATE OF TEXAS
PRINTED NAME OF NOTARY
MY COMMISSION EXPIRES:
j
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3