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Res 072-2013 7/16/2013RESOLUTION NO. 72 -2013 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 $13,000,000, for paying all or a portion of the City's contractual obligations incurred in connection with: (i) constructing, installing, acquiring and equipping additions, extensions and improvements to the City's waterworks and sewer system, and (ii) paying legal, fiscal and engineering fees in connection with such projects; and WHEREAS, the City Council hereby finds, considers and declares that the reimbursement of the payment by the City 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 U.S. Treasury Regulations, to reimburse itself for such payments at such time as it issues the certificates of obligation; 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, THAT: 1. Attached hereto is a form of Notice of Intention to Issue Combination Tax and Revenue Certificates of Obligation, the form and substance of which is hereby adopted and approved. 2. The City Clerk shall cause said notice to be published in substantially the form attached hereto, in a newspaper, as defined by Subchapter C, Chapter 2051, Texas Government Code, of general circulation in the area of said City, once a week for two consecutive weeks, the date of the first publication thereof to be at least 30 days prior to the date tentatively set for the adoption of the ordinance authorizing the issuance of such certificates of obligation as shown in said notice. 3. All costs to be reimbursed pursuant to this resolution will be capital expenditures. The proposed certificates of obligation shall be issued within 18 months of the later of (i) the date the expenditures are paid or (ii) the date on which the property, with respect to which such expenditures were made, is placed in service; and the foregoing notwithstanding, the certificates of obligation will not be issued pursuant to this resolution on a date that is more than three years after the date any expenditure which is to be reimbursed is paid. 4. This Resolution shall become effective immediately upon its adoption. [The remainder of this page is left blank intentionally] ADOPTED, APPROVED AND EFFECTIVE this 16 °i day of July, 2013 ATTEST: .4e.f,'46 City Clerk, City of Wichita Falls, Texas Mayor, City of Wichita Falls, Texas [CITY SEAL] Exhibit A CITY OF WICHITA FALLS, TEXAS NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION 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 August 20, 2013, at its regular meeting place in the City Hall, 1300 7`h Street, Wichita Falls, Texas, tentatively proposes to authorize the issuance of interest bearing certificates of obligation of the City, in one or more series, in an amount not to exceed $13,000,000, for the purpose of paying all or a portion of the City's contractual obligations incurred in connection with: (i) constructing, installing, acquiring and equipping additions, extensions and improvements to the City's waterworks and sewer system and (ii) paying legal, fiscal 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 the 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 ordinance may authorize an authorized officer of the City to effect the sale and delivery of the certificates of obligation on a date subsequent to the adoption of the ordinance. 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