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04-001 - R ksotu)rtov' OL{ ,o CERTIFICATE REGARDING ADOPTION OF RESOLUTION 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,2004, at the Town Hall, and the roll was called of the duly constituted officers and members of said Town Council, to-wit: Charles Niswanger, Mayor Michael Perry, Mayor Pro-tem Ane Casady Lisa Dritschler Karie Dalton Russell Kaker Shanae Jennings, Town Secretary and all of said persons were present, except the following absentees: 4 01l` , thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written RESOLUTION DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION was duly introduced for the consideration of said Town Council. It was then duly moved and seconded that said Resolution be adopted and, after due discussion, said motion, carrying with it the adoption of said Resolution, prevailed and carried by the following vote: AYES: All members of the Town Council shown present above voted "Aye," except as shown below: NOES: tJtOkat ABSTAIN: t 1 KI 2. That a true, full and correct copy of the aforesaid Resolution adopted at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Resolution 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 adoption of said Resolution; 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 Resolution would be introduced and considered for adoption 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 Chapter 551, Texas Government Code. 3. That the Mayor of said Town has approved and hereby approves the aforesaid Resolution; that the Mayor and the Town Secretary of said Town have duly signed said Resolution; 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 Resolution for all purposes. SIGNED this, the 13th day of January, 2004. Town Secretary ayor (SEAL) RESOLUTION DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION THE STATE OF TEXAS § COUNTY OF COLLIN § TOWN OF PROSPER § WHEREAS, this Town Council deems it advisable to give notice of intention to issue certificates of obligation of the Town of Prosper, Texas, as hereinafter provided; and WHEREAS, it is hereby officially found and determined that the meeting at which this Resolution was passed was open to the public and public notice of the time,place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code. THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER: 1. That attached hereto is a form of the Notice of Intention to issue Certificates of Obligation, the form and substance of which is hereby adopted and approved. 2. That the Town Secretary shall cause said notice to be published in substantially the form attached hereto,in a newspaper of general circulation in said Town, and published in said Town, on the same day in each of two consecutive weeks, the date of the first publication thereof to be at least 14 days prior to the time set for the first reading of the ordinance authorizing the issuance of such certificates of obligation as shown in said notice. 3. That this Resolution shall become effective immediately upon adoption. TOWN OF PROSPER,TEXAS NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION The Town of Prosper does hereby give notice of intention to issue one or more series of Combination Tax and Revenue Certificates of Obligation,in the maximum principal amount not to exceed $10,500,000, for paying all or a portion of the Town's contractual obligations incurred in connection with(i)constructing and equipping municipal buildings,to-wit:a town hall,fire stations, police facilities, court facilities and acquiring interests in land for such buildings, (ii) extending, constructing and improving Town's sewer system, including, constructing sewage lift stations, extending and upgrading sewage collection lines and force mains throughout the Town, (iii) constructing and improving the Town's water system, including the construction of elevated and ground water storage facilities and acquiring interests in land for such storage facilities, extending the water distribution system including extending and upgrading water lines and constructing pumping stations to improve access to, and the flow of water in, the Town, (iv) constructing and equipping municipal park improvements and acquiring interests in land for parks and open space and (v) paying legal, fiscal, engineering and architectural fees in connection with these projects. The Town proposes to adopt an ordinance that will provide for the Certificates of Obligation to be secured by a pledge of funds received from the levy and collection of ad valorem taxes in the Town, as provided by law, and from a pledge of the surplus net revenues (the "Surplus Revenues") of the Town's Waterworks and Sewer System that remain after payment of all operation and maintenance expenses thereof, and after all debt service, reserve, and other requirements in connection with all revenue bonds or other obligations(now or hereafter outstanding)of the Town have been met,to the extent that such obligations are payable from all or any part of the net revenues of the Town's Waterworks and Sewer System. The Town Council intends to consider for passage at a meeting to be held at 7:00 P.M. on February 10, 2004, at the First Baptist Church, 601 South Church Street, Prosper,Texas,an ordinance authorizing the issuance of Combination Tax and Revenue Certificates of Obligation. TOWN OF PROSPER, TEXAS By: /s/Charles Niswanger, Mayor AFFIDAVIT OF PUBLICATION STATE OF TEXAS COUNTY OF DALLAS Before me, a Notary Public in and for Dallas County,this day personally appeared Lynda Black,Legal Advertising Representative for the DALLAS MORNING NEWS being duly sworn by oath, states the attached advertisement of: TOWN OF PROSPER as published in THE DALLAS MORNING NEWS —COLLIN COUNTY EDITION on: January 17, 2004 1 January 19, 2004 ( Legal Notices ) Legal Notices ) TOWN OF TOWN OF PROSPER, TEXAS PROSPER, TEXAS) 04-01 (RI 04-01 A RESOLUTION OF THE A RESOLUTION OF THE TOWN OF PROSPER, TOWN OF PROSPER, TEXAS, DIRECTING TEXAS, DIRECTING NO- PUBLICATION OF NO- TICE OF ICE OF INTENTION TO TICEICE OF INTENTION TO ISSUE COMBINATION ISSUE COMBINATION TAX AND REVENUE TAX AND REVENUE ." CERTIFICATES OF OBLI- GATION GAT ON FICATES OF OBLI- (/ (Lynda Black) Sworn to and subscribed before me this January 20, 2004, A.D �`dr�tetttilll,'` to �FY Quev�, Q (Lisa Battenfield) tor • A7E OIF r EXP1F •'0� dUlAl E 1,.:r.```%