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HomeMy WebLinkAbout2013-0827A Resolution Authorizing Application to the Texas Commission on Environmental Quality for Approval of Project and BondsCERTIFICATE OF RESOLUTION 2013-0827 A THE STATE OF TEXAS § COUNTY OF DENTON § COUNTY OF TARRANT § I, the undersigned member of the Board of Directors of the Trophy Club Municipal Utility District No. 1 of Denton and Tarrant Counties, Texas (the "District"), hereby certify as follows: 1. That I am the duly qualified Secretary of the Board of Directors of the District, and that, as such, I have custody of the minutes and records of the District. 2. That the Board of Directors of the District convened in Open Session at a Regular Meeting on August 27, 2013, at the regular meeting place thereof, and the roll was called of the duly constituted officers and members of the Board of Directors, to wit: Jim Moss Bill Armstrong Kevin R. Carr James C. Thomas Nick Sanders President Vice President Secretary/Treasurer Director Director and Directors Moss, Armstrong, Carr, Thomas and Sanders were present, thus constituting a quorum, whereupon, among other business, the following was transacted at such meeting: a written RESOLUTION 2013-0827 A AUTHORIZING APPLICATION TO THE TEXAS COMMISSSION ON ENVIRONMENTAL QUALITY FOR APPROVAL OF PROJECT AND BONDS and duly introduced for the consideration of the Board of Directors of the District. It was then duly moved and seconded that such Resolution be adopted and, after due discussion, such motion, carrying with it the adoption of such Resolution, prevailed and carried by the following vote: AYES: j_ NOES: ·..D._ 3. That a true, full and correct copy of such Resolution adopted at such meeting is attached to and follows this certificate; that such resolution has been duly recorded in the minutes cif the Board of Directors for such meeting; that the persons named in the above and foregoing Paragraph 2 were the duly chosen, qualified and acting officers and members of the Board of Directors as indicated therein, that each was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of such meeting, and that such Resolution would be introduced and considered for adoption at such meeting, and that each consented, in advance, to the holding of such meeting for such purpose ; that the canvassing of the officers and members of the Board of Directors present at and absent from such meeting and of the votes of each on such motion, as set forth in the above and foregoing Paragraph 2, is true and correct; and that sufficient and timely notice of the hour, date, place and subject of such meeting was given and posted as required by Chapter 551, Texas Government Code, as amended. SIGNED AND SEALED the 27th day of August 2013. KevinR:CaiT Secretary , Board of Directors EXHIBIT "A" RESOLUTION NO. 2013-0827 A TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.1 AUTHORIZING APPLICATION TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR APPROVAL OF PROJECT AND BONDS WHEREAS, Trophy Club Municipal Utility District No. 1 (the "District") is a Conservation and Reclamation District of the State of Texas created pursuant to Article 16, Section 69 of the Texas Constitution and Chapter 54, Texas Water Code, as amended; WHEREAS, the District is the successor by merger and consolidation of Trophy Club Municipal Utility District No. 1 ("Prior MUD 1") and Trophy Club Municipal Utility District No. 2 ("Prior MUD 2" and with Prior MUD 1, the "Prior MUDs") pursuant to a consolidation election held in the District on May 9, 2009 by which the District consolidated the Prior MUDs into the District and assumed all outstanding and voted but unissued bonds and taxes of the Prior MUDs; WHEREAS, the District now desires to issue up to $5,769,217 in unlimited tax and/or unlimited tax and revenue bonds and up to $9,230,783 in revenue bonds for the construction of improvements to the District's water and sewer system (the "Project") described in the Engineering Repmi prepared by The Wallace Group (the "Engineers"); WHEREAS, the Texas Water Code requires the District, when it desires to issue bonds, to submit in writing to the Texas Commission on Environmental Quality (the "Commission") an application for investigation of the Project and ofthe 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 l(b) 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 of the Trophy Club Municipal Utility District No. 1 (the "District"), the District's attorneys, and the District's engineers are hereby authorized and directed as follows: (a) To make application to the Texas Commission on Environmental Quality (the "Commission") for an investigation and report upon the feasibility of the District's financing that portion of the Project described in the Engineering Report prepared by The Wallace Group in connection with this application. (b) To request the Commission to approve the unlimited tax and/or unlimited tax and revenue bonds of the District in the principal amount not to exceed $5,769,217 and the revenue bonds of the District in the principal amount not to exceed $9,230,783, each bearing interest at a net effective interest rate not to exceed the maximum legal limit in effect at the time of issuance, and each 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. The Wallace Group is authorized and directed to prepare an Engineering 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 ofthe Board of Directors, the District's District Manager, the District's Engineers, The Wallace Group, the District's Attorneys, McCall, Parkhurst & H01ton, L.L.P., and the District's Financial Advisor, Southwest Securities, Inc., 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 ce1tified copy of this Resolution shall constitute an application and request on behalf of the District to the Commission pursuant to Section 49.181, Texas Water Code, for approval of the Project described in Section l(a) and the bonds described in Section 1(b). Section 6. The District will request the Commission for expedited review of the District's application in accordance with Sections 293.42 and 293.43 of the Commission rules. PASSED AND APPROVED THIS AUGUST 27,2013. ATTEST: Kevin R. Carr Secretary, Board of Directors TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1