81-02 O - Requesting Financial Assistance (new well) ORDINANCE
REQUESTING FINANCIAL ASSISTANCE
THE STATE OF TEXAS .•
COUNTY OF COLLIN •
.
TOWN OF PROSPER .
WHEREAS, the Town of Prosper deems it necessary to
apply to the Texas Water Development Board for financial
assistance; and
WHEREAS, in accordance with the rules and regulations
of the Texas Water Development Board, which governs the
procedures of making such application, the governing body of
the Town is required to adopt an ordinance to accompany
• such application; and
WHEREAS, it is hereby officially found and determined
that a case of emergency or urgent public necessity exists
• which requires the holding of the meeting at which this
Ordinance is passed, such emergency or urgent public necessity
being that financial assistance is needed to pay the cost of
411 certain improvements as soon as possible and without delay
for necessary and urgently needed public improvements; that
said meeting was open to the public as required by law; and
that public notice of the time, place, and purpose of said
meeting was given as required by Art. 6252-17, V.A.T.C. S.
THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER:
1 . That the Texas Water Development Board is hereby
requested to grant financial assistance to said Town, for the
cost of certain improvements proposed to be made, as
designed by the Town' s consulting engineer.
2 . That the Mayor of said Town is hereby authorized
to execute and submit to the Texas Water Development Board
the application for such financial assistance; and the
Mayor, together with bond counsel, financial advisor and
consulting engineer named in such application are authorized
to appear before such Board in support of such application.
- III 3 . That, the Mayor is further specifically authorized
to make the required assurances to the Texas Water Development
Board in accordance with the rules, regulations and policies
of said Board.
4. That it is hereby found and determined that the Town
cannot reasonably finance the proposed project without
financial assistance in the amount requested, and that the
nature of the improvements to be financed constitute an
emergency condition and immediate consideration of this
application is requested.
5 . That a certified copy of this Ordinance shall be
attached to the application for financial assistance herein
authorized to be prepared and submitted to the Texas Water
Development Board, and in addition the Town Secretary is
authorized and directed to prepare and certify such number
, of copies of this Ordinance as may be required for purposes
of supporting the submission of said application to said
Board.
#4` 9i -2
CERTIFICATE FOR ORDINANCE
THE STATE OF TEXAS
COUNTY OF COLLIN •
TOWN OF PROSPER
We, the undersigned officers of said Town, hereby certify as
follows :
1 . The Town Council of said Town convened in REGULAR
MEETING ON THE 13TH DAY OF JANUARY, 1981, at the City Hall, and the
roll was called of the duly constituted officers and members of
said Town Council, to-wit:
R. C. Boyer, Mayor Cecil Norris
• Marian Holbrook, Town Secretary Dan Christie
Danny Webb Stanley Webb
Ronald R. Reneau
and all of said persons were present, except the following
absentees:
thus constituting a quorum. Whereupon, among other business, the
following was transacted at said Meeting: a written
ORDINANCE REQUESTING FINANCIAL ASSISTANCE
was duly introduced for the consideration of said Town Council and
read in full . It was then duly moved and seconded that said motion
carrying with it the passage of said Ordinance, prevailed and
carried by the following vote:
AYES: All members of said Town Council shown
present above voted "AYE" .
NOES: None.
2 . That a true, full and correct copy of the aforesaid
Ordinance passed at the Meeting described in the above and
foregoing paragraph is attached to and follows this Certificate;
that said Ordinance has been duly recorded in said Town Council ' s
minutes of said Meeting; that the above and foregoing paragraph is
a true, full and correct excerpt from said Town Council ' s minutes
of said Meeting pertaining to the passage of said Ordinance; that
the persons named in the above and foregoing paragraph are the
duly chosen, qualified and acting officers and members of said
Town Council as indicated therein; that each of the officers and
members of said Town Council was duly and sufficiently notified
officially and personally, in advance, of the time, place and
purpose of the aforesaid Meeting, and that said Ordinance would be
introduced and considered for passage at said Meeting, and each of
said officers and members consented, in advance, to the holding of
said Meeting for such purpose, and that said Meeting was open to
the public and public notice of the time, place and purpose of said
meeting was given, all as required by Vernon' s Ann. Civ. St.
Article 6252-17 .
3 . That the Mayor of said Town has approved and hereby
approves the aforesaid Ordinance; that the Mayor and the Town
Secretary of said Town have duly signed said Ordinance; and that
the Mayor and the Town Secretary of said Town hereby declare that
their signing of this Certificate shall constitute the signing of
the attached and following copy of said Ordinance for all
purposes.
SIGNED AND SEALED the 13th day of January, 1981.
IPL �� <�✓ ��
Town Secretary Mayor474‘
SEAL
e n
CERTIFICATE OF COMPLIANCE
THE STATE OF TEXAS
COUNTY OF COLLIN
BE IT KNOWN, that on this /3 day of January, 1981,
BEFORE ME, (/K, / oait_ /t. a Notary Public, duly
commissioned and qualified, in and for Collin County, Texas, and
in the presence of the witnesses hereinafter named and
undersigned,
CAME AND APPEARED the Town of Prosper, represented by R. C.
Boyer, its Mayor, pursuant to and by virtue of the provisions of an
Ordinance adopted by the Town Council of the Town of Prosper, on
the 13th day of January, 1981, a duly certified copy of such
Ordinance being annexed hereto and made a part hereof, paraphed
"Ne Varietur" of this date by me, Notary, to identify same
herewith, who declared that in accordance with the said Ordinance
and pursuant thereto, he, the said Mayor, has assured and does
hereby assure the Texas Water Development Board that the Town of
Prosper is authorized and empowered to comply with certain
required conditions for the participation of Water Development
Funds of the State of Texas in the construction of improvements
and extensions to the Town' s Waterworks System, which will provide
benefits to the residents of said Town, the State of Texas, and
other local interests and property owners, and that the Town of
Prosper will participate in the said project only in accordance
with all laws of the State of Texas, and all rules, regulations,
and policies of the Texas Water Development Board, and the Town of
Prosper specifically further assures that it will:
( 1) Cause the project to be constructed only in accordance
with the representations made to the Texas Water Development Board
as such appear in the application and accompanying exhibits
heretofore submitted to the Board.
(2 ) Hold and save the State of Texas from damages due to
construction and maintenance of the project.
(3 ) Provide adequate public access.
(4) Tender payments pursuant to any contract for the
construction of the project not to exceed 90% of the amount due at
the time of such payment, and further that upon comr letion of said
contract, the remaining 10% due thereunder shall not be paid by
the Town of Prosper from any funds available, wiLhout regard to
the source thereof, unless such final payment of 10% of the
contract costs shall be specifically approved by the Texas Water
Development Board.
THUS DONE AND PASSED in my office at Prosper, Texas, on the
day and date hereinabove set forth, in the presence of a Notary
Public, after due reading of the entire affidavit.
TOWN OF PROSPER
By: ,//-
ayor
SUBSCRIBED AND SWORN TO BEFORE ME this /3 day of vii4,44 . ,
1981 .
AE)4.
(SEAL) NotaryPublic inane for
Collin County, Te = s
My Cission Expires :
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