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R-1674-1-99I RESOLUTION NO. 1674-1-99 (R) A RESOLUTION providing for the redemption of certain outstanding bonds of the City; and resolving other matters incident and related to the redemption of such bonds. WHEREAS, pursuant to an ordinance passed and adopted by the City Council of the City of Allen, Texas, the following described obligations were duly authorized to be issued and are currently outstanding, to wit: City of Allen, Texas, Waterworks and Sewer System Revenue Refunding and Improvement Bonds, Series 1992, dated July 15, 1992, aggregating in original principal amount of $3,285,000, and representing a portion of such bonds maturing on June 1, 2003 through June 1, 2012; AND WHEREAS, the above identified bonds were authorized, issued, sold and delivered subject to the right and authority of the City to redeem the same prior to maturity, as provided in the authorizing ordinance and in said bonds; and WHEREAS, in connection with the advance refunding of the above described bonds, the Council hereby finds and determines that bonds of such series should be redeemed prior to their maturities on the date and in the manner hereinafter provided and in accordance with the requirements prescribed therefor and notice of redemption of such bonds should be approved and authorized to be given at this time by the Council; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION 1: The bonds of that series known as "City of Allen, Texas, Waterworks and Sewer System Revenue Refunding and Improvement Bonds, Series 1992", dated July 15, 1992, in the following principal amounts for each maturity, to wit: and aggregating in principal amount $3,285,000, shall be redeemed and the same are hereby called for redemption on June 1, 2002, at the price of par and accrued interest to the date of Total Amount Year of Principal Being Maturity Amount Redeemed 2003 $ 555,000 $ 430,000 2004 590,000 455,000 2005 625,000 485,000 2006 665,000 515,000 2007 705,000 545,000 2008 670,000 520,000 2009 95,000 75,000 2010 105,000 80,000 2011 110,000 85,000 2012 120,000 95,000 and aggregating in principal amount $3,285,000, shall be redeemed and the same are hereby called for redemption on June 1, 2002, at the price of par and accrued interest to the date of ' redemption. The City Secretary is hereby authorized and directed to Ile a copy of this resolution, together with a suggested form of notice of redemption to be sent to bondholders, with Chase Bank of Texas, National Association (successor paying agent to Ameritrust Texas National Association), in accordance with the redemption provisions applicable to such bonds; such suggested form of notice of redemption being attached hereto as Exhibit A and incorporated herein by reference as a part of this resolution for all purposes. Additionally, in accordance with the terms of the ordinance authorizing the issuance of such bonds, the Paying Agent/Registrar is hereby authorized and directed to make a lot selection of the bonds of each maturity to be redeemed in part and make arrangements to notify bondholders of such lot selection as soon as possible. SECTION 2: The redemption of the bonds described above being associated with the advance refunding of such bonds, the approval, authorization and arrangements herein given and provided for the redemption of such bonds on the redemption date designated therefor and in the manner provided shall be irrevocable upon the issuance and delivery of the "City of Allen, Texas, Waterworks and Sewer System Revenue Refunding and Improvement Bonds, Series 1999", dated February 1, 1999; and the City Secretary is hereby authorized and directed to make all arrangements necessary to notify the holders of such obligations of the City's decision to redeem such bonds on the date and in the manner herein provided and in accordance with the ordinance authorizing the issuance of the obligations. PASSED AND ADOPTED, this January 7, 1999. ' CITY OF ALLEN, TEXAS Mayor ATTEST: (City Seal) 1 .,,.a.,, 2 ' EXHIBIT A NOTICE OF REDEMPTION CITY OF ALLEN, TEXAS, WATERWORKS AND SEWER SYSTEM REVENUE REFUNDING AND IMPROVEMENT BONDS SERIES 1992 DATED JULY 15, 1992 NOTICE IS HEREBY GIVEN that a portion of the bonds of the above series in the aggregate principal amount of $3,285,000 (being a portion of the bonds maturing on June 1 in each of the years 2003 through 2012) have been called for redemption on June 1, 2002 at the redemption price of par and accrued interest to the date of redemption, such bonds being identified as follows: Year of Principal Amount Principal Amount Maturity Outstandinc To Be Redeemed 2003 $ 555,000 $ 430,000 2004 590,000 455,000 2005 625,000 485,000 2006 665,000 515,000 2007 705,000 545,000 ' 2008 670,000 520,000 2009 95,000 75,000 2010 105,000 80,000 2011 110,000 85,000 2012 120,000 95,000 A LOT SELECTION has been made and your Bond has been selected for redemption. All such bonds selected for redemption shall become due and payable on June 1, 2002, and interest thereon shall cease to accrue from and after said redemption date and payment of the redemption price of said bonds shall be paid to the registered owners of the bonds only upon presentation and surrender of such bonds to designated offices of Chase Bank of Texas, National Association, Dallas, Texas (successor paying agentfregistrar to Ameritrust Texas National Association). THIS NOTICE is issued and given pursuant to the terms and conditions prescribed for the redemption of said bonds and pursuant to a resolution by the City Council of the City of Allen, Texas. CHASE BANK OF TEXAS, NATIONAL ASSOCIATION, as Paying Agent/Registrar Address: 2200 Ross Avenue, So Floor Dallas, Texas 75201 Resolution No. 1674-1-99(R) GENERAL CERTIFICATE STATE OF TEXAS CITY OF ALLEN We, theundersigned duly appointed and acting CityManager and City Secretary, respectively, of the City of Allen, Texas (the "City"), do hereby certify as follows: 1. This Certificate is executed with reference to that issue of bonds styled "North Texas Municipal Water District Water System Revenue Bonds, Series 2001," in the principal amount of $39,000,000 (the "Bonds"). 2. The City is a duly incorporated Home Rule City, operating and existing under the Constitution and laws of the State of Texas. 3. The Resolution Authorizing and DirectingtheExecution oftheNorth TexasMunicipal Water District Regional Water Supply Facilities Contract and Providing for the Effect of said Resolution and Contract, adopted by the governing body of the City on February 4, 1999, is in full force and effect and has not been amended, modified, or supplemented, and complies with all applicable provisions of the Charter. 4. The North Texas Municipal Water District Regional Water Supply Facilities Contract, dated as of October 1, 1998 (the "Contract"), between the City and North Texas Municipal Water District (the "Issuer") has been duly authorized and executed by the City, is in full force and effect and has not be amended, modified, or supplemented, and complies with all applicable provisions of the City's Charter. 5. The payments of the City to the Issuer pursuant to the Contract constitute operating expenses ofthe City's waterworks (the "System") and such payments must be made prior to payment of the City's bonded indebtedness payable from revenues of the System. 6. No litigation is pending against the City or, to the best of my knowledge, threatened against the City in any way contesting (a) the right and power of the City in connection with arry action taken by it towards concerning the execution of the Contract or (b) the titles or authority of the current members of the City Council of the City. 7. The persons executing the Contract were, on the date or dates of the execution ofthe Contract, the duly elected or appointed Mayor and City Secretary, respectively, of the City and the signatures appearing on the Contract are the genuine signatures of said officers. 8. Peter Vargas is the duly appointed and acting City Manager of the City and the signature set forth below is his true and correct signature. 9. The Attorney General ofthe State ofTexasishereby authorized todate this cerificate concurrently with the delivery of its opinion approving the Bonds. :. 31 2001 SIGNED AND SEALED this CITY OF ALLEN, TEXAS f r� City Man er ATTEST: (CITY SEAL) A& CITY OF ALLEN July 30, 2001 Mr. Alan H. Raynor McCall, Parkhurst & Horton L.L.P. 717 North Harwood Ninth Floor Dallas, TX 75201-6587 RE: North Texas Municipal Water District Water System Revenue Bonds, Series 2001 Dear Mr. Raynor: Per your instructions, I am enclosing seven (7) executed copies of the General Certificate for the City of Allen. Once the documents have been dated by the Attorney General, please forward a completed original document for our records. If you have questions, please do not hesitate to contact our office. Sincerely, Connie S. Schofield Management Assistant Office of the City Manager enclosures ONE ALLEN CIVIC PLAZA • ALLEN. TEXAS 75013 9721727-0100 • FAX 9721/27-0165 EMAIL: c @ci.allen.Axxs