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Res 168-2009 12/1/2009 RESOLUTION NO. flog - � 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 $3,985,000, for paying all or a portion of the City's contractual obligations incurred in connection with: (i) acquiring, and constructing improvements to, Castaway Cove Water Park for use as a public entertainment facility, (ii) acquiring approximately 49 acres of land located adjacent to such water park for open space land for public recreational purposes, for the expansion of the water park and for acquiring and constructing recreational facilities related thereto, and for future municipal facilities, and (iii) 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, THAT: 1. Attached hereto and marked as Exhibit 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. 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 thirtieth day before the day tentatively proposed for authorizing the issuance of the Certificates of Obligation as shown in the Notice. 3. This Resolution shall become effective immediately upon its adoption. [The remainder of this page is left blank intentionally] ,i --ti•l- .�. a 17 � �"'�, �.m �t ,� � �' € � u',.::) f; �.; z . � C 11yJl. � � � . ADOPTED, APPROVED AND EFFECTIVE this _.=- Mayor, City o Wichita Falls, xas ATTEST: City I rk, City 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 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 January 5, 2010, at its regular meeting place in the City Hall, 1300 7 th 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 $3,985,000, for the purpose of paying all or a portion of the City's contractual obligations incurred in connection with: (i) acquiring, and constructing improvements to, Castaway Cove Water Park for use as a public entertainment facility, (ii) acquiring approximately 49 acres of land located adjacent to such water park for open space land for public recreational purposes, for the expansion of the water park and for acquiring and constructing recreational facilities related thereto, and for future municipal facilities, and (iii) 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