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Home My WebLink About2008-1216 Authorizing Application to the Texas Commission on Environmental Quality for Approval of Project and BondsTROPHY CLUB MUNICIPAL U1·ILlTY DISTRICT No.1 RESOLUTION NO. 2008-1216 A RESOLUTION AUTHORIZING APPLICATION TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR APPROVAL OF PROJECT AND BONDS THE STATE OF TEXAS COUNTY OF DENTON TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.1 WHEREAS, Trophy Club Municipal Utility District No. 1 ("District") is a Conservation and Reclamation District of the State of Texas created pursuant to Article 16, Section 59 of the Texas Constitution and Chapters 54 and 49 of the Texas Water Code ("Act"); and WHEREAS, the District now desires to issue $2,000,000 in unlimited tax bonds for constructing and equipping a building facility for a fire station for fire fighting purposes ("Project") described in the Engineering/Architect Report prepared by BRW Architects; and WHEREAS, the Texas Water Code and the Act requires the District, when it desires to issue bonds, to submit in writing to the Commission an application for investigation of the Project and of the issuance of the bonds to finance the Project, together with a copy of the engineering report, data, profiles, maps,plans, and specifications prepared in connection therewith; and WHEREAS, the Board of Directors desires to secure the approval and consent of the Commission for the Project, which is more completely described in the Engineering Report submitted in connection with this Application, and to the issuance of the bonds hereinafter described in Section 1(2) of this Resolution. THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.1: Section 1. The President and Secretary of the Board of Directors, the District's attorneys, and the District's engineers are hereby authorized and directed as follows: (1) To make application to the Texas Commission on Environmental Quality for an investigation and report upon the feasibility of the District's financing that portion of the Project described in the Engineering/Architect Report prepared by BRW Architects in connection with this Application. (2) To request the Texas Commission on Environmental Quality to approve the unlimited tax bonds of the District in the principal amount of $2,000,000, bearing interest at a net effective interest rate not to exceed the maximum legal limit in effect at the time of issuance, and maturing serially in accordance with the schedule provided in the aforesaid Application and Engineering Report. § § § Section 2. By this Application, the District assures the Commission that it will abide by the terms and conditions prescribed in connection with the Commission's approval of this Project. Section 3. BRW Architects is authorized and directed to prepare an Engineering/Architectural Report in the form required by the Commission and to submit same to the Commission in support of this Application together with a copy of the data, profiles, maps, plans and specifications prepared in connection with such report. Section 4. The President and Secretary of the Board of Directors, the District's General Manager, the District's Engineers/Architects, BRW Architects, the District's Attorneys, McCall, Parkhurst & Horton, L.L.P., and the District's Financial Advisor, Southwest Securities, are authorized and directed to do any and all things necessary and proper in connection with this Application, including the filing of this Application. Section 5. A certified copy of this Resolution shall constitute an Application and request on behalf of the District to the Texas Commission on Environmental Quality pursuant to Section 49.181, Texas Water Code for approval of the Project described in Section 1(1) and the bonds described in Section 1(2). PASSED AND APPROVED ·rHIS 16TH DAY OF DECEMBER, 2008 TROPHY CLUB MUNICIPAL UTILITY DIS·rRICT NO.1 ATTEST: CER1·IFICATE FOR RESOLUTION THE STATE OF TEXAS COUNTY OF DENTON TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.1 We, the undersigned officers of said District, hereby certify as follows: 1. The Board of Directors of said District convened in SPECIAL MEETING ON THE 16TH DAY OF DECEMBER, 2008, at the regular meeting place, and the roll was called of the duly constituted officers and members of said Board of Directors, to wit: Dean Henry, President _Gary Cantl=ell, Vice Pr:esident Connie White, SecretarylTreasurer Jim Hase, Director Neil Twomey, Director and all of said persons were present, except the following members: GIO!L.{ tcwin/l thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written RESOLUTION AUTHORIZING APPLICATION TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR APPROVAL OF PROJECT AND BONDS was duly introduced for the consideration of said Board of Directors and read in full. It was then duly moved and seconded that said Resolution be passed, and, after due discussion, said motion carrying with it the passage of said Resolution, prevailed and carried by the following vote: AYES:AII members of said Board of Directors shown present above voted "Aye". NOES: None. 2. That a true, full and correct copy of the aforesaid Resolution passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Resolution has been duly recorded in said Board of Director's minutes of said Meeting; that the above and foregoing paragraph is a true, full and correct excerpt from said Board of Director's minutes of said Meeting pertaining to the passage of said Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of said Board of Directors as indicated therein; that each of the officers and members of said Board of Directors was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the aforesaid Meeting, and that said Resolution would be § § § introduced and considered for passage at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose, and that said Meeting 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. 3. That the President of the Board of Directors of said District has approved and hereby approves the aforesaid Resolution; that the President of the Board of Directors and the Secretary of the Board of Directors of said District have duly signed said Resolution; and that the President of the Board of Directors and the Secretary of the Board of Directors of said District hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Resolution for all purposes. SIGNED AND SEALED the 16th day of December, 2008. (SEAL)