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HomeMy WebLinkAbout2017-1219B Resolution Authorizing Application to TCEQ 7.2 milCERTIFICATE FOR RESOLUTION THE STATE OF TEXAS § COUNTIES OF DENTON AND TARRANT § I, the undersigned officer of the Board of Directors of Trophy Club Municipal Utility District No. 1 hereby certify as follows: 1. The Board of Directors of Trophy Club Municipal Utility District No. 1 convened in a regular meeting on the 19`h day of December, 2017, and the roll was called of the duly constituted members of the Board, to wit: Kevin R. Carr Greg Wilson William C. Rose Jim Thomas Jim Hase President Vice President Secretary -Treasurer Director Director All members of the Board were present except - , thus constituting a quorum. Whereupon, among other business, the following was transacted at such meeting: A RESOLUTION AUTHORIZING APPLICATION TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY FOR APPROVAL OF PROJECT AND BONDS was introduced for the consideration of the Board. It was then duly moved and seconded that the Resolution be adopted, and, after due discussion, the motion, carrying with it the adoption of the Resolution, prevailed and carried by the following vote: Ayes: 3 Nays: 2 Abstentions: 0 2. A true, full and correct copy of the aforesaid Resolution adopted at the meeting described in the above and foregoing paragraph is attached to and follows this certificate; the Resolution has been duly recorded in the Board's minutes of the meeting; the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting members of the Board as indicated therein; each of the members of the Board was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the aforesaid meeting, and that the Resolution would be introduced and considered for adoption at the meeting; and each of the members consented, in advance, to the holding of the meeting for such purpose; the meeting was open to the public as required by law; and public notice of the time, place and subject of the meeting was given as required by Chapter 551, Texas Government Code, as amended. SIGNED AND SEALED the 19th day of December, 2017. William C. e, Secretary Board of Directors RESOLUTION NO. 2017-1219B TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. 1 A RESOLUTION 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 and operating pursuant to Article 16, Section 59 of the Texas Constitution and Chapters 49 and 54, Texas Water Code, as amended; WHEREAS, Section 54.501 of the Texas Water Code authorizes a municipal utility district to issue its bonds for the purpose of purchasing, constructing, acquiring, owning, operating, repairing, improving, or extending any district works, improvements, facilities, plants, equipment, and appliances needed to accomplish the purposes of the district, including works, improvements, facilities, plants, equipment, and appliances needed to provide a waterworks system; WHEREAS, Section 54.503(2) of the Texas Water Code authorizes the board of directors of a municipal utility district to provide for the payment of principal of and interest and redemption price on the bonds by pledging all or any part of the designated revenues to result from the ownership or operation of the district's works, improvements, facilities, plants, equipment, and appliances; WHEREAS, in accordance with the foregoing statutory authority, the Board of Directors of the District desires to issue up to $7,200,000 in revenue bonds (the "Bonds") for the construction of certain water transmission line improvements and related appurtenances to the District's waterworks system and wastewater system (collectively, the "Proiect") as generally identified in Exhibit "A" attached hereto more specifically described in the Engineering Report prepared by CP&Y Incorporated; WHEREAS, Section 49.181 of 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 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. NOW, 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 District, the District's attorneys, and the District's engineers are hereby authorized and directed as follows: (a) To make application to the Commission for an investigation and report upon the feasibility of the Project; and (b) To request the Commission to approve the Bonds of the District in the principal amount not to exceed $7,200,000 bearing interest at a net effective interest rate not to exceed the maximum legal limit in effect at the time of issuance. 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 the Project. Section 3. The District's engineering consultant 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 of the Board of Directors, the District's General Manager, the District's engineering consultants, the District's legal counsel, and the District's Financial Advisor are authorized and directed to do any and all things necessary and proper in connection with this application, including the filing of this application with the Commission. Section 5. A certified 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 and the issuance of the Bonds. Section 6. The Board hereby authorizes the District's engineering consultant to request the Commission for expedited review and approval of the District's application in accordance with Sections 293.42 and 293.43 of the Commission rules. Section 7. The Board of Directors hereby approves the payment of all filing fees to the Commission that may be applicable to the application and requests that are the subject of this Resolution. RESOLVED, PASSED AND APPROVED THIS 191' DAY OF DECEMBER, 2017. ATTEST: 9 William C. Rose,'S"ecretary Board of Directors TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO. I Kevin R. Carr, President Board of Directors Exhibit "A" Description of Project Water transmission line improvements and related appurtenances to increase the water supply available to the District's eastern elevated storage tank located on T.W. King Road 2. To fund costs relating to construction of the wastewater treatment plant facility improvement project.