Loading...
2021-70 - R - General Obligation - Series 2012 Redemption Bonds 11.23.21TOWN OF PROSPER, TEXAS RESOLUTION No. 2021-70 A RESOLUTION DIRECTING THE REDEMPTION OF THE TOWN'S OUTSTANDING GENERAL OBLIGATION BONDS, SERIES 2012; AND ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT. WHEREAS, Town of Prosper (the "Town") has issued, and there are currently outstanding, the Town's General Obligation Bonds, Series 2012, maturing serially on February 15 in each of the years 2023, 2025 and 2027 through 2032, inclusive, in the aggregate principal amount of $2,390,000 (the "2012 Bonds"); and WHEREAS, in the ordinance that authorized the issuance of the Bonds (the "Bond Ordinance"), the Town reserved the right to redeem the 2012 Bonds, in whole or in part, on February 15, 2022, or on any date thereafter at a price equal to the principal amount of the 2012 Bonds so called for redemption plus accrued interest to the redemption date; and WHEREAS, this Town Council hereby finds and determines that it is necessary and in the best interests of the Town to redeem all of the outstanding 2012 Bonds with funds lawfully available for such purpose, being all of the outstanding principal balance of the 2012 Bonds (collectively, the "Redeemed Bonds"), which redemption shall occur on February 15, 2022; and WHEREAS, the paying agent/registrarwith respect to the 2012 Bonds is U.S. Bank National Association (in such capacity, the "Paying Agent/Registrar"); and WHEREAS, it is officially found, determined and declared that the meeting at which this Resolution has been adopted was open to the public and public notice of the date, hour, place and subject of said meeting, including this Resolution, was given, all as required by the applicable provisions of Tex. Gov't Code Ann. Ch. 551. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS THAT: SECTION 1. FINDINGS The declarations, determinations and findings declared, made and found in the preamble to this Resolution are hereby adopted, restated and made a part ofthe operative provisions hereof. Capitalized terms not defined herein shall have the meanings ascribed such terms in the Bond Ordinance. SECTION 2. REDEMPTION OF REDEEMED BONDS The Redeemed Bonds, as more specifically described in Exhibit A hereto, in the aggregate principal amount of $2,390,000, are hereby called for redemption on February 15, 2022 (the "Redemption Date"), at a redemption price equal to the principal amount thereof plus accrued interest to the Redemption Date in the amount of $38,581.25. Such principal amount and accrued interest is hereby directed to be irrevocably deposited with the Paying Agent/Registrar on or before the Redemption Date in cash. Lawfully available funds of the Town are hereby authorized and appropriated in the amounts necessary for such purpose. SECTION 3. AUTHORIZATION OF ACTIONS (a) The Town Manager, the Director of Finance or other authorized officer of the Town is hereby authorized and directed to issue or cause to be issued the Notice of Redemption in the form set forth in Exhibit A attached hereto to the Paying Agent/Registrar. (b) In addition, the Paying Agent/Registrar for the Redeemed Bonds is hereby directed to provide the appropriate notice of redemption to the registered owners of the Redeemed Bonds as specified by the Bond Ordinance, so that the Redeemed Bonds may be redeemed on the Redemption Date. Provided funds for the payment thereof have been made available to the Paying Agent/Registrar, the Redeemed Bonds shall not bear interest after the Redemption Date. (c) The officers and employees of the Town are hereby authorized and directed to take such actions and to execute and deliver such documents, orders and receipts, including without limitation notifying the Municipal Securities Rulemaking Board's Electronic Municipal Market Access service with respect to the redemption of the Redeemed Bonds, and the payment of the costs of the transaction, as necessary or appropriate to consummatethe transactions authorized by this resolution and to redeem the Redeemed Bonds in accordance withthe provisions and requirements of the Bond Ordinance. (Execution Page Follows) Resolution No. 2021-70, Page 2 DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 23RD DAY OF NOVEMBER 2021. ATTEST: 4 Ray S ith, Mayor Michelle Lewis Sirianni, Town Secretary Resolution No. 2021-70, Page 3 EXHIBIT A CONDITIONAL NOTICE OF REDEMPTION TOWN OF PROSPER, TEXAS GENERAL OBLIGATION BONDS, SERIES 2012 NOTICE IS HEREBY GIVEN that the Town of Prosper, Texas (the "Town"), in Collin and Denton Counties, Texas, has called for redemption on the date and at the redemption price specified, a portion of the outstanding Bondsof the Town listed below: Town of Prosper, Texas General Obligation Bonds, Series 2012, dated June 15, 2012, maturing on the datesand in the amounts shown below (the "Redeemed Bonds"), to be redeemed in the aggregate amount of $2,390,000, on the redemption date, at the redemption price of the principal amount called for redemption plusaccrued interest to the date of redemption, as follows: MATURITY DATES February 15, 2023 February l 5, 2025 February 15, 2027 February 15, 2028 February 15, 2029 February 15, 2030 February 15, 2031 February 15, 2032 PRINCIPAL AMOUNT OUTSTANDING $205,000 43 5,0 00 46 0,0 00 240,000 25 0,0 00 260,000 265,000 275,000 PRINCIPAL AMOUNT REDEEMED $2 05, 000 4 35, 000 4 60, 000 2 40, 000 2 50, 000 2 60, 000 2 65, 000 2 75, 000 REDEMPTION DATE February 15, 2022 February 15, 2022 February 15, 2022 February 15, 2022 February 15, 2022 February 15, 2022 February 15, 2022 February 15, 2022 REDEMPTION P RIC E 100% 100 100 100 100 100 100 100 On February 15, 2022, interest on the Redeemed Bonds shall cease to accrue and be payable. THIS CONDITIONAL NOTICE OF REDEMPTION and the payment of the principal of and interest on theRedeemed Bonds on the Redemption Date are subject to the deposit of funds by the Town with U.S. Bank National Association, as paying agent/registrar for the Redeemed Bonds (the "Paying Agent"), in an amount sufficient to pay infull the redemption price for the Redeemed Bonds on or before the Redemption Date. Such deposit of funds with the Paying Agent is scheduled to occur on the Redemption Date. In the event such deposit is not made on or before the Redemption Date, the conditional redemption of the Redeemed Bonds shall be null and void and of no force and effect, and any Redeemed Bonds delivered for redemption shall be returned to the respective owners thereof. In such case, said Redeemed Bonds shall remain outstanding as though this Conditional Notice of Redemption had not been given. THE REDEEMED BONDS shall be redeemed in whole at U.S. Bank National Association, as the Paying Agent/Registrar for the Redeemed Bonds. Upon presentation of the Redeemed Bonds at the Paying Agent/Registrar on the aforementioned redemption date, the holder thereof shall be entitled to receive the redemption price equal to par and accrued interest to the redemption date. NOTICE IS FURTHER GIVEN that due and proper arrangements have been made for providing the place ofpayment of the Redeemed Bonds called for redemption with funds sufficient to pay the principal amount of the Redeemed Bonds and the interest thereon to the redemption date. In the event the Redeemed Bonds are not presentedfor redemption by the respective date fixed for their redemption, they shall not thereafter bear interest. Resolution No. 2021-70, Page 4 THIS NOTICE is issued and given pursuant to the redemption provisions in the proceedings authorizing theissuance of the Redeemed Bonds and in accordance with the recitals and provisions of each of the Redeemed Bonds, respectively. TOWN OF PROSPER, TEXAS A-1 Resolution No. 2021-70, Page 5