R-2045-5-02RESOLUTION NO. 2045.5-02(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, APPROVING AND AUTHORIZING PUBLICATION OF
NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Allen, Texas, has detemdned that certificates of obligation
should be issued under and pursuant to the provisions of V.T.C.A., Local Government Code, Subchapter
C of Chapter 271, for the purpose of paying contractual obligations to be incurred for (i) the construction
of public works, to wit: street improvements, including drainage improvements incidental thereto and the
acquisition of land and rightsof-way therefor, and (ii) professional services rendered in connection with
the acquisition, construction and financing of such projects; and,
WHEREAS, prior to the issuance of such certificates, the City Council is required to publish notice of
its intention to issue the same in a newspaper of general circulation in the City, said notice stating (i) the
time and place the Council tentatively proposes to pass the ordinance authorizing the issuance of the
certificates, (ii) the maximum amount proposed to be issued, (iii) the purposes for which the certificates
are to be issued and (iv) the manner in which the Council proposes to pay the certificates.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
' SECTION 1. The City Secretary is hereby authorized and directed to cause notice to be published of
the Council's intention to issue certificates of obligation in a principal amount not to exceed $3,100,000
for the purpose of paying contractual obligations to be incurred for (i) the construction of public works, to
wit: street improvements, including drainage improvements incidental thereto and the acquisition of land
and rights-of-way therefor, and (ii) professional services rendered in connection with the acquisition,
construction and financing of such projects, such certificates to be payable from ad valorem taxes and a
pledge of the surplus net revenues of the City's combined Waterworks and Sewer System (the "System")
remaining after payment of operating and maintenance expenses of the System and payments for "Prior
Lien Obligations" (as defined in said ordinance). The notice hereby approved and authorized to be
published shall read substantially in the form and content of Exhibit A hereto attached and incorporated
herein by reference as a part of this resolution for all purposes.
SECTION 2. The City Secretary shall cause the aforesaid notice to be published in a newspaper of
general circulation in the City, once a week for two consecutive weeks, the date of the fust publication to
be at least fifteen (15) days prior to the date stated therein for the passage of the ordinance authorizing the
issuance of the certificates of obligation.
SECTION 3. It is officially found, determined, and declared that the meeting at which this Resolution
is adopted was open to the public and public notice of the time, place, and subject matter of the public
business to be considered at such meeting, including this Resolution, was given, all as required by
V.T.C.A., Government Code, Chapter 551, as amended.
SECTION 4. This Resolution shall be in force and effect from and after its passage on the date shown
' below.
DULY PASSED AND APPROVED BY THE CITY COUNCIL. OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, ON THIS THE 10 DAY OF MAY, 2002.
APPROVED:
Stephen Terrell, MAYOR
ATTEST:
jugg Morri o, CMC/AAE, CITY SECRETARY
Resolution No. 20455-02(R), Page 2
' EXIMIT A
NOTICE OF INTENTION TO ISSUE CITY OF
ALLEN, TEXAS, CERTIFICATES OF OBLIGATION
TAKE NOTICE the City Council of the City of Allen, Texas, shall convene at 7:00 o'clock
P.M. on the 25" day of June, 2002, at its regular meeting place in the City Hall, One Allen Civic
Center, Allen, Texas, and, during such meeting, the City Council will consider the passage of an
ordinance authorizing the issuance of certificates of obligation in a principal amount not to
exceed $3,100,000 for the purposes of paying contractual obligations to be incurred for (i) street
improvements, including drainage, sidewalks, curbs, utility line relocation and improvements,
and the purchase of land and right of way incidental thereto, and (ii) professional services
rendered in relation to such projects and purposes and the financing thereof, such certificates to
be payable from ad valorem taxes and a pledge of the surplus net revenues of the City's
combined Waterworks and Sewer System (the "System") remaining after payment of operating
and maintenance expenses of the System and payments for 'Prior Lien Obligations" (as defined
in said ordinance). The certificates 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.
Judy Morrison
City Secretary
City of Allen, Texas
Resolution No. 2045-5-02(R), Exhibit "A"
FULBRIGHT & JAWORSKI L.L.P.
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ED H. ESDUIVEL DALLAS
PARTNER
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ON DON
DIRECT DIAL: 214/855-8013 HONG
BONG
May 15, 2002
VIA FEDERAL EXPRESS
Ms. Joanne Stoehr
Acting Director of Finance
City of Allen
One Allen Civic Center
AIIen,Texas 78332
Re: City of Allen, Texas, Certificates of Obligation
Dear Ms. Stoehr:
We have prepared and are enclosing herewith the following proceedings relating
to the giving of notice of intention to issue certificates of obligation, to wit:
1. Five copies of the Certificate of City Secretary relating to the resolution
approving and authorizing publication of notice of intention to issue certificates of
obligation. After completion and execution, one copy is for the City's records and four
copies are to be returned to us.
2. Two copies of the Resolution approving and authorizing publication of notice
of intention to issue certificates of obligation. After completion and execution, one copy
is for the City's records and one copy is to be returned to us.
3. One copy of the "Notice of Intention to Issue the City of Allen, Texas,
Certificates of Obligation" to be published once a week for two consecutive weeks in a
newspaper having general circulation in the City, the date of the first publication to be at
least fifteen (15) days prior to the date stated therein for the passage of the ordinance
authorizing the issuance of the certificates of obligation.
4. Five copies of an Affidavit of Publication to be completed and executed by an
official of the newspaper after the notice has been published two times as aforesaid. To
each affidavit should be attached a clipping of the notice as it actually appeared in the
newspaper. Four copies are to be returned to us and one copy is for the City's files.
Ms. Joanne Stoehr
Page 2
May 15, 2002
Should you have any questions, please advise.
Sincerely,
Ed H. Esquivel
EHE:dfc
Enclosures
xc: Mr. Dan Almon (with enclosures)
451]8031.1
AFFIDAVIT OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority on this day personally appeared
of the , a newspaper
published in the County of Collin, Texas, who, being by me duly swom, upon oath deposes and
says:
That said newspaper is of general circulation in the City of Allen, Texas, and that the
attached "NOTICE OF INTENTION TO ISSUE CITY OF ALLEN, TEXAS, CERTIFICATES OF
OBLIGATION", hereto attached, was published in said newspaper in its issues of
2002;
2002;
and said newspaper devotes not less than twenty-five percent (25%) of its total column lineage
to items of general interest, is published not less frequently than once each week, entered as
periodical postal matter in the county where it is published and has been published regularly
and continuously for not less than twelve (12) months prior to the date of the publication of said
"NOTICE OF INTENTION TO ISSUE CITY OF ALLEN, TEXAS, CERTIFICATES OF
OBLIGATION".
SWORN TO AND SUBSCRIBED BEFORE ME, this the _ day of ,
2002.
Notary Public, State of Texas
(Notary Seal)
45178029_1.DOC
CERTIFICATE OF CITY SECRETARY
THE STATE OF TEXAS
COUNTY OF COLLIN
CITY OF ALLEN
I, the undersigned, City Secretary of the City of Allen, Texas, DO HEREBY CERTIFY as
follows:
1. On the 16" day of May, 2002, a regular meeting of the City Council of the City of
Allen, Texas was held at the City Hall; the duly constituted members of the Council being as
follows:
STEVE TERRELL MAYOR
JEFF McGREGOR )
SUSAN BARTLEMAY )
ROSS OBERMEYER )
KENNETH FULK ) COUNCILMEMBERS
BILL PETTY )
DEBBIE STOUT )
and all of said councilmembers were present at said meeting, except the following: N/A
Among other business considered at said meeting, the attached resolution entitled:
"A RESOLUTION approving and authorizing publication of notice of intention to
issue certificates of obligation."
was introduced and submitted to the Council for passage and adoption. After presentation and
due consideration of the resolution and, upon a motion made by Councilmember Stout and
seconded by Councilmember Petty, the resolution was duly passed and adopted by the Council
to be effective immediately by the following vote:
7 voted "For" 0 voted "Against" 0 abstained
all as shown in the official Minutes of the Council for the meeting held on the aforesaid date.
2. The attached resolution is a true and correct copy of the original on file in the
official records of the City; the duly qualified and acting members of the City Council of said City
on the date of the aforesaid meeting are those persons shown above and, according to the
records of my office, advance notice of the time, place and purpose of the meeting was given to
each member of the Council; and that said meeting, and the deliberation of the aforesaid public
business, was open to the public and written notice of said meeting, including the subject of the
above entitled resolution, was posted and given in advance thereof in compliance with the
provisions of V.T.C.A., Government Code, Chapter 551, as amended.
45178036.1
IN WITNESS WHEREOF, I have hereunto signed my name officially and affixed the seal
of said City, this the 16'" day of May, 2002.
(City Seal)
45178038.1
-2-
Sec ary, Cit�Allen, xas
k_
CITY OF ALLEN
May 28, 2002
City Swrenry
hdy Monuw Mr. Ed Esquivel
Fulbright & Jaworski L.L.P.
2200 Ross Avenue, Suite 2800
Dallas, TX 75201
Dear Mr. Esquivel:
Enclosed are the following completed documents relating to the notice of
intention to issue certificates of obligation for "City of Allen, Texas, General
Obligation Bonds, Series 2002."
• Four copies of the Certificate of City Secretary; and
• One copy of the adopted Resolution.
The Affidavits of Publication will be returned to your office after
publication.
If you have any questions, please contact our office at 972-727-0107.
Sincerely,
Kay Drescher
Administrative Secretary
City Secretary's Office
enclosures
ALLEN CIVIC PLAZA • 305 CENTURY PARKWAY • ALLEN, TEXAS 75013-8012
972!/27-0100 • FAX 972r727-0165
EMAIL: wo@ci.allen.mw
RESOLUTION NO. 2095-5-02(R)
A RESOLUTION approving and authorizing publication of notice of intention to
issue certificates of obligation.
WHEREAS, the City Council of the City of Allen, Texas, has determined that certificates
of obligation should be issued under and pursuant to the provisions of V.T.C.A., Local
Government Code, Subchapter C of Chapter 271, for the purposes of paying contractual
obligations to be incurred for (i) street improvements, including drainage, sidewalks, curbs, utility
line relocation and improvements, and the purchase of land and right of way incidental thereto,
and (ii) professional services rendered in relation to such projects and purposes and the
financing thereof; and
WHEREAS, prior to the issuance of such certificates, the City Council is required to
publish notice of its intention to issue the same in a newspaper of general circulation in the City,
said notice stating (i) the time and place the Council tentatively proposes to pass the ordinance
authorizing the issuance of the certificates, (ii) the maximum amount proposed to be issued, (iii)
the purposes for which the certificates are to be issued and (iv) the manner in which the Council
proposes to. pay the certificates; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS:
SECTION 1: The City Secretary is hereby authorized and directed to cause notice to be
published of the Council's intention to issue certificates of obligation in a principal amount not to
exceed $3,100,000 for the purposes of paying contractual obligations to be incurred for (i) street
improvements, including drainage, sidewalks, curbs, utility line relocation and improvements,
and the purchase of land and right of way incidental thereto, and (ii) professional services
rendered in relation to such projects and purposes and the financing thereof, such certificates to
be payable from ad valorem taxes and a pledge of the surplus net revenues of the City's
combined Waterworks and Sewer System (the "System") remaining after payment of operating
and maintenance expenses of the System and payments for "Prior Lien Obligations" (as defined
in said ordinance). The notice hereby approved and authorized to be published shall read
substantially in the form and content of Exhibit A hereto attached and incorporated herein by
reference as a part of this resolution for all purposes.
SECTION 2: The City Secretary shall cause the aforesaid notice to be published in a
newspaper of general circulation in the City, once a week for two consecutive weeks, the date of
the first publication to be at least fifteen (15) days prior to the date stated therein for the
passage of the ordinance authorizing the issuance of the certificates of obligation.
SECTION 3: It is officially found, determined, and declared that the meeting at which this
Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by V.T.C.A., Government Code, Chapter 551, as amended.
45177138.1
SECTION 4: This Resolution shall be in force and effect from and after its passage on
the date shown below.
PASSED AND ADOPTED, this May 16, 2002.
ATTEST:
r
(City Seal)
451]]138.1
-2-
CITY OF ALLEN, TEXAS
EXHIBIT A
NOTICE OF INTENTION TO ISSUE CITY OF
ALLEN, TEXAS CERTIFICATES OF OBLIGATION
TAKE NOTICE the City Council of the City of Allen, Texas, shall convene at 7:00 o'clock
P.M. on the 25' day of June, 2002, at its regular meeting place in the City Hall, One Allen Civic
Center, Allen, Texas, and, during such meeting, the City Council will consider the passage of an
ordinance authorizing the issuance of certificates of obligation in a principal amount not to
exceed $3,100,000 for the purposes of paying contractual obligations to be incurred for (i) street
improvements, including drainage, sidewalks, curbs, utility line relocation and improvements,
and the purchase of land and right of way incidental thereto, and (ii) professional services
rendered in relation to such projects and purposes and the financing thereof, such certificates to
be payable from ad valorem taxes and a pledge of the surplus net revenues of the City's
combined Waterworks and Sewer System (the "System") remaining after payment of operating
and maintenance expenses of the System and payments for "Prior Lien Obligations" (as defined
in said ordinance). The certificates 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.
Judy Morrison
City Secretary
City of Allen, Texas