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R-1108-6-92RESOLUTION NO. 1108-6-92(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, REQUESTING FINANCIAL ASSISTANCE FROM THE TEXAS WATER DEVELOPMENT BOARD; AUTHORIZING THE FILING OF AN APPLICATION FOR SUCH ASSISTANCE; AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH. WHEREAS, the City Council of the City of Allen, Texas hereby finds and determines that there is an urgent need for the City to construct improvements and extensions to the City's water treatment and distribution facilities, and such capital improvements cannot be reasonably financed without financial assistance from the Texas Water Development Board; and, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITYOF ALLEN, COLLIN COUNTY, TEXAS THAT: SECTION 1: That an application is hereby approved and authorized to be filed with the Texas Water Development Board seeking financial assistance in the amount of $1,080, 000 to finance the costs of constructing improvements and extensions to the City's Waterworks System. SECTION 2: That the City Manager shall be and is hereby designated to be the authorized representative of the City for purposes of furnishing such information and executing such documents as may be required in connection with the preparation and filing of such application for financial assistance and the rules of the Texas Water Development Board. SECTION 3: A. That the following firms and individuals are hereby authorized and directed to aid and assist the City in the preparation and submission of such application and to appear on behalf of and represent the City before any hearing held by the Texas Water Development Board on such application, to wit: Consulting Engineer: Financial Advisor: Michael Cummings, P.E. Cummings & Pewitt, Inc. 1475 Richardson Drive, Suite 230 Richardson, TX 75080 Dan Almon Southwest Securities, Inc. 1201 Elm Street, Suite 4300 Dallas, TX 75270 B . We will assist you in obtaining competitive bids for services rendered from such other parties associated with the issuance, sale and delivery of the certificates. C . We understand that you have retained, or expect to retain Fulbright and Jaworski, a firm of recognized municipal bond attorneys who will prepare the proceedings and advise the steps necessary to be taken in the bond election, if required, the legal issuance of the certificates, the final delivery of the certificates and who will issue an opinion approving the legality of the certificates. The fee of said firm to be paid by the City. We will maintain liaison with this firm of bond attorneys and shall assist in all the financial advisory aspects involved in the preparation of appropriate legal proceedings and documents. D . If a bond election is required, we will assemble and transmit to the bond attorneys such data as may be required in the preparation of the necessary petitions, orders, resolutions, notices and certificates; and will assist your governing body in the expeditious handling thereof. We will arrange for the delivery to such official as you may designate such sets of election supplies, including ballots as are required for each polling place. The cost of such supplies is to be paid by the City. E. We will represent and assist the City in the pre -application meeting and approval hearings with the Texas Water Development Board, and prepare and distribute the application for loan assistance through the State Revolving Fund and Water Supply Account. F. If any of the certificates are not sold to the State and must be sold through commercial channels, we agree to assist in the preparation of an official Statement or Prospectus containing official data and � other information of the nature and to the extent ordinarily required in bidding on certificates of this type, all of which we are to furnish in a sufficient number of copies to permit mailing to prospective bidders, a list of which we agree to provide. The cost of printing such official Statements to be paid by the City. Bond Counsel: Ed. H. Esquivel Fullbright & Jaworski 2200 Ross Avenue, Suite 2800 Dallas, TX 75201 DULY PASSES AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 4TH DAY OF JUNE-, 1992. APPROVED 4,, Otto&e sem._ Jbe Farmer, MAYOR ATTEST: Resolution No. 1108-6-92 (R) page 2