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Res 137-2006 10/17/2006 � + RESOLUTION NO. � ��l — ���0 RESOLUTION DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION THE STATE OF TEXAS § COUNTY OF WICHITA § CITY OF WICHITA FALLS § WHEREAS, the City of Wichita Falls (the "City") deems it advisable to give notice of intention to issue one or more series of interest bearing Certificates of Obligation, in the maximum principal amount of $21,375,000, for paying all or a portion of the City's contractual obligations incurred in connection with:(i) constructing and equipping improvements to the City's municipal golf course; (ii) construction and improvement of streets and roads, including related drainage, signalization, landscaping, lighting and signage, and the acquisition of land and interests in land as necessary therefore; (iii) constructing, acquiring and improving public park and recreational facilities including ball fields and a skate boarding park; (iv) construction and equipping additions and improvements to the existing police firing range; (v) constructing and equipping a fire station, including related infrastructure and the acquisition of land and interests in land as necessary therefore; (vi) installing and constructing improvements to the City's storm water drainage system, and the acquisition of land and interests in land as necessary therefore; and (vii) legal, fiscal, design and engineering fees in connection with such projects; and WHEREAS, it is hereby officially found and determined that the meeting at which this Resolution was considered 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. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS: 1. That attached hereto and marked as E�chibit A is a form of "Notice of Intention to Issue Combination Tax and Revenue Certificates of Obligation of the City of Wichita Falls, Texas" (the "Notice") the form and substance of which are hereby adopted and approved, and made a part of this Resolution for all purposes. 2. That the City Clerk shall cause the Notice to be published, in substantially the form attached hereto, in a newspaper of general circulation in the City of Wichita Falls, on the same day in each of two consecutive weeks, the date of the first publication to be before the fourteenth day before the day tentatively proposed for authorizing the issuance of the Certificates of Obligation as shown in the Notice. 3. That this Resolution shall become effective immediately upon its adoption. � ' .. ADOPTED, APPROVED AND EFFECTIVE this _ �� �-� ATTEST: Mayor, City of Wichita Falls, T s i - ' City Cle ,'ty of Wichita Falls, Texas [CITY SEAL] � , Exhibit A NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION OF THE CITY OF WICHITA FALLS, TEXAS NOTICE IS HEREBY GIVEN that the City Council of the City of Wichita Falls, Texas, at its meeting to commence at 8:30 a.m. on November 21, 2006, at its regular meeting place in the City Hall, 1300 7`�' Street, Wichita Falls, Texas, tentatively proposes to authorize the issuance of interest bearing certificates of obligation of the City, in one or mare series, in an amount not to exceed $21,375,000, for the purpose of paying all or a portion of the City's contractual obligations incurred in connection with (i) constructing and equipping improvements to the City's municipal golf course; (ii) construction and improvement of streets and roads, including related drainage, signalization, landscaping, lighting and signage, and the acquisition of land and interests in land as necessary therefore; (iii) constructing, acquiring and improving public park and recreational facilities including ball fields and a skate boarding park; (iv) construction and equipping additions and improvements to the existing police firing range; (v) constructing and equipping a fire station, including related infrastructure and the acquisition of land and interests in land as necessary therefore; (vi) installing and constructing improvements to the City's storm water drainage system, and the acquisition of land and interests in land as necessary therefare; and (vii) legal, fiscal, design and engineering fees in connection with such projects. The City proposes to provide for the payment of said series (one or more) of such certificates of obligation from a pledge of ad valorem taxes levied and collected in the City as provided by law and from a pledge of limited surplus revenues of the City's waterworks and sewer system, 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 the City's waterworks and sewer system. The Certificates of Obligation are to be issued, and this notice is given, under and pursuant to the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271. CITY OF WICHITA FALLS, TEXAS AFFIDAVIT OF PUBLICATION THE STATE OF TEXAS § COUNTY OF WICHITA § BEFORE ME, the undersigned authority, on this day personally appeared the person whose name is subscribed below, who, being by me first duly sworn, upon oath deposed and said: 1. That this affiant is a duly authorized officer or employee of The Wichita Falls Times Record News, which is a newspaper of general circulation in the City of Wichita Falls, Texas. 2. That said newspaper is a newspaper as defined by Section 2051.044, Texas Government Code, as amended, and as such: (1) devotes not less than 25 percent of its total column lineage to general interest items; (2) is published at least once a week; (3) is entered as second-class postal matter in the county where published; and (4) has been published regularly and continuously for at least 12 months prior to publishing the notice referenced below. 3. That attached hereto is a true, full and correct copy of a NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION OF THE CITY OF WICHITA FALLS, TEXAS which was published in said newspaper on the following dates, to wit: ; and -------------------------------- Authorized Officer or Employee SWORN TO AND SUBSCRIBED BEFORE ME, this the day of 2006. Notary Public, State of Texas [NOTARY SEAL]