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Res 139-2003 10/21/2003} c\0. 1 �q-aoo3 A RESOLUTION DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF WICHITA FALLS 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 $7,550,000, for paying all or a portion of the City's contractual obligations incurred in connection with: (i) construction and equipping of a new public safety training center which will include facilities for emergency communications and operations, public safety, and general city training, and the acquisition and installation of fiber link to other City facilities, (ii) construction, acquiring, installing and equipping a radio and data communications system for police, fire and other departments of the City, including computer equipment and software, radios and communications equipment, towers, equipment shelters and storage facilities, and land and interest in land necessary therefor, and (iii) professional services, including fiscal, engineering, architectural and legal fees incurred 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 "Exhibit A" is a form of "Notice of Intention to Issue Certificates of Obligation of the City of Wichita Falls," (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 THIS 21ST DAY OF OCTOBER, 2003. Mayor, City of Wichita Falls, Texas ATTEST: h(A', 4 1 (1 ) (I-- r) City teetary, City of Wichita Falls, Texas [CITY SEAL] EXHIBIT A NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF WICHITA FALLS NOTICE IS HEREBY GIVEN that it is the intention of the City Council of the City of Wichita Falls, Texas, to issue one or more series of interest bearing certificates of obligation of the City, for the purpose of paying contractual obligations to be incurred by the City in connection with (i) construction and equipping of a new public safety training center which will include facilities for emergency communications and operations, public safety, and general city training, and the acquisition and installation of fiber link to other City facilities, (ii) construction, acquiring, installing and equipping a radio and data communications system for police, fire and other departments of the City, including computer equipment and software, radios and communications equipment, towers, equipment shelters and storage facilities, and land and interest in land necessary therefor, and (iii) professional services, including fiscal, engineering, architectural and legal fees incurred in connection with such projects. The City proposes to provide for the payment of said series (one or more) of such certificates of obligation with a pledge of ad valorem taxes levied and collected in the City as provided by law and from a limited pledge (not to exceed $1,000) of the surplus net revenues of the City's waterworks and sewer system. The City Council tentatively proposes to authorize the issuance of such certificates of obligation at a meeting to commence at 8:30 a.m. on November 18, 2003, at its regular meeting place in the City Hall, 1300 7th Street, Wichita Falls, Texas. The maximum amount of Certificates of Obligation indebtedness that may be authorized to be sold on said date for such purposes described above is $7,550,000. 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. Mayor, City of Wichita Falls, Texas 110 CERTIFICATE FOR RESOLUTION THE STATE OF TEXAS COUNTY OF WICHITA CITY OF WICHITA FALLS We, the undersigned officers of the City of Wichita Falls, Texas (the "City"), hereby certify as follows: 1. The City Council of the City (the "City Council") convened in REGULAR MEETING ON THE 21- DAY OF OCTOBER, 2003 (the "Meeting"), and the roll was called of the duly constituted officers and members of the City Council, to -wit: William K. Altman Mayor Arthur Bea Williams Councilor Linda Ammons Councilor James Esther, Jr. Councilor Mike Norrie Councilor Johnny Burns Councilor Harold Hawkins Councilor Lydia Torres City Clerk and all of said persons were present, thus constituting a quorum. Whereupon, among other business, the following was transacted at the Meeting: a written A RESOLUTION DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF WICHITA FALLS was duly introduced for the consideration of the City Council and read in full (the "Resolution"). It was then duly moved and seconded that the Resolution be adopted; and, after due discussion, said motion, carrying with it the adoption of the Resolution, prevailed and carried by the following vote: AYES: All members of the City Council shown present above voted "Aye", except as shown below. NOES: None. 2. That a true, full, and correct copy of the Resolution passed at the Meeting 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 officers and members of the City Council as indicated therein; that each of the officers 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 said officers 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, Texas Government Code. 3. That the Mayor of the City has approved, and hereby approves, the Resolution; that the Mayor and the City Clerk of said City have duly signed the Resolution; and that the Mayor and the City Clerk of the City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of the Resolution for all purposes. 4. That the Resolution has not been modified, amended or repealed and is in full force and effect on and as of the date hereof. SIGNED AND SEALED this 2 V day of October, 2003. NAIC*-t ' 0 City Clerk Mayor (SEAL) LAW OFFICES MECALL, PARKHURST & HORTON L.L.P. 600 CONGRESS AVENUE 1250 ONE AMERICAN CENTER AUSTIN, TEXAS 78701-3248 TELEPHONE: 512 478-3805 FACSIMILE: 512 472-0871 U S Postal Service Ms. Lydia Torres Office of the City Clerk City of Wichita Falls Wichita Falls, Texas 76307 Dear Lydia: 717 NORTH HARWOOD NINTH FLOOR DALLAS, TEXAS 75201-6587 TELEPHONE: 214754-9200 FACSIMILE: 214754-9250 October 16, 2003 I apologize for the delay in getting this back to you. 700 N. ST. MARY'S STREET 1225 ONE RIVERWALK PLACE SAN ANTONIO, TEXAS 78205-3503 TELEPHONE: 210 225-2800 FACSIMILE: 210225-2984 The 8038's should be in within a week or so and I will get the transcript out to you also. Sincerely, l�L Georgia Wood Secretary to Sara Tangen Enclosures -u3