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15-01 - R TOWN OF PROSPER, TEXAS RESOLUTION NO. 15-01 RESOLUTION EXPRESSING OFFICIAL INTENT TO REIMBURSE COSTS OF TOWN 2015 CAPITAL IMPROVEMENT PROGRAM PROJECTS WHEREAS, the Town of Prosper, Texas (the "Issuer") is a duly created governmental body of the State of Texas; and WHEREAS, at an election held by the Issuer on May 14, 2011, voters of the Issuer approved $25,040,000 of general obligation bonds (the "Voted Bonds") for various projects in the Town, and the Issuer has heretofore issued $9,010,000 of such bonds in accordance with the election, leaving an unissued balance of$16,030,000 available for future issuance; and WHEREAS, in addition to the Voted Bonds, the Issuer is authorized by law to issue and incur debt obligations to fund costs of capital improvements in the Town; and WHEREAS, the Issuer expects to pay, or have paid on its behalf, expenditures in connection with the design, planning, acquisition and construction of portions of its 2015 and future year capital improvement program projects, including costs associated with the construction of a fire station, park acquisition and improvements, street improvements, water distribution and wastewater collection system improvements, related infrastructure improvements, and the acquisition of communication equipment (collectively, the "Project") prior to the issuance of tax-exempt obligations, tax-credit obligations and/or obligations for which a prior expression of intent to finance or refinance is required by Federal or state law (collectively and individually, the "Obligations") to finance the Project; and WHEREAS, the Issuer finds, considers, and declares that the reimbursement for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its intention to reimburse itself for such payments at such time as it issues Obligations to finance the Project. THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE ISSUER THAT: SECTION 1 The Issuer reasonably expects to incur debt, as one or more series of Obligations, with an aggregate maximum principal amount equal to $12,187,500 for the purpose of paying the costs of the Project. SECTION 2 All costs to be reimbursed pursuant hereto will be capital expenditures. No Obligations will be issued by the Issuer in furtherance of this Statement after a date which is later than 18 months after the later of (1) the date the expenditures are paid, or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. SECTION 3 The foregoing notwithstanding, no Obligation will be issued pursuant to this Statement more than three years after the date any expenditure which is to be reimbursed is paid. SECTION 4 The foregoing Sections 2 and 3 notwithstanding, all costs to be reimbursed with qualified tax credit obligations shall not be paid prior to the date hereof and no tax credit obligations shall be issued after 18 months of the date the original expenditure is made. SECTION 5 To evidence the adoption of this Resolution on this, the 13th day of January, 2015 by the Town Council of the Issuer, the signatures of the Town Secretary and Mayor are set forth below. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THIS 13TH DAY OF JANUARY, 2015. ATTE§T: Ray Smith, Mayr Robyn `7 Ltle, Town Secretary Resolution No. 15-01,Page 2