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R-07-08-09-8C1 - 8/9/2007 RESOLUTION NO. R-07-08-09-8C1 WHEREAS, the City of Round Rock, Texas (the "City") expects to pay expenditures in connection with the project described on Exhibit "A" attached hereto (the "Project" ) prior to the issuance of obligations to finance the Project; and WHEREAS, the City finds, considers and declares that the reimbursement of the City for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the City and, as such, chooses to declare its intention, in accordance with the provisions of Section 1 . 150-2 of the Treasury Regulations, to reimburse itself for such payments at such time as it issues obligations to finance the Project; Now Therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS THAT: Section 1 . The City reasonably expects to incur debt, as one or more separate series of various types of obligations, with an aggregate maximum principal amount not to exceed $11, 000, 000 for the purpose of paying the costs of the Project. Section 2 . All costs to be reimbursed pursuant hereto will be capital expenditures . No tax-exempt obligations will be issued by the City in furtherance of this Resolution after a date which is later than 18 months after the later of (1) the date the expenditures are paid or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. 0:\wdox\RESOLUTI\R70809C1.WPD/MC Section 3 . The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this Resolution more than three years after the date any expenditure which is to be reimbursed is paid. 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 9th day of August, 2,V6_7? N 5Z; _, Mayor City of Round Rock, Texas AT ST: CHRISTINE R. MARTINEZ, City Secret-4y, 2 EXHIBIT A Costs related to the construction of the Brushy Creek regional water project including land acquisition, intake structures, water lines, water treatment plant, transmission lines and related legal, engineering, environmental and other related costs. CERTIFICATE FOR RESOLUTION NO. R-07-8-09-8C1 THE STATE OF TEXAS § COUNTIES OF WILLIAMSON AND TRAVIS § CITY OF ROUND ROCK § The undersigned City Secretary 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 9"' DAY OF AUGUST , 2007, at the designated meeting place (the "Meeting" ) , and the roll was called of the duly constituted officers and members of the Council, to-wit : Nyle Maxwell, Mayor Rufus Honeycutt, Place 1 Alan McGraw, Mayor Pro-tem, Place 2 Joe Clifford, Place 3 Carlos T. Salinas, Place 4 Scott Rhode, Place 5 Kris Whitfield, Place 6 and all of the persons were present, except the following absentees : None I thus constituting a quorum. Whereupon, among other business, the following was transacted at the Meeting: a written RESOLUTION EXPRESSING OFFICIAL INTENT TO REIMBURSE CERTAIN EXPENDITURES 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 : 7 NAYS : 0 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 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 Secretary of the City have duly signed the Resolution. Ow�tSIGNED AND SEALED the k. SL" CHRISTINE R. MARTINEZ, City Secretary [CITY SEAL] DATE: August 2, 2007 SUBJECT: City Council Meeting - August 9, 2007 ITEM: 8C1. Consider a resolution expressing official intent to reimburse certain expenditures for the Brushy Creek Regional water project. Department: Finance Staff Person: Cindy Demers, Finance Director Justification: As part of the regional water project with Cedar Park and Leander, the City of Round Rock anticipates utilizing cash to pay for costs of the regional water project prior to the issuance of debt. The City intends to partially fund the project with tax-exempt utility revenue bonds. In order to allow the City to be reimbursed from bond proceeds for project expenditures incurred prior to debt issuance, the City must express its official intent to do so in accordance with Internal Revenue Service regulations. This resolution does not bind the City for any future action; it simply ensures all financing options remain available to the City. Funding• Cost: N/A Source of funds: N/A Outside Resources: McCall, Parkhurst & Horton, L.L.P., Bond Counsel First Southwest Company, Financial Advisors Background Information: N/A Public Comment: N/A