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2021-71 - R - Combination Tax and Revenue Certificates of Obligation Redemption Bonds - Series 2012 11.23.21TOWN OF PROSPER, TEXAS A RESOLUTION DIRECTING THE OUTSTANDING COMBINATION TAX OBLIGATION, SERIES 2012; AND RELATING TO THE SUBJECT. RESOLUTION No. 2021-71 REDEMPTION OF THE TOWN'S AND REVENUE CERTIFICATES OF ENACTING OTHER PROVISIONS WHEREAS, Town of Prosper (the "Town") has issued, and there are currently outstanding, the Town's Combination Tax and Revenue Certificates of Obligation, Series 2012, maturing serially on February 15 in each of the years 2023 through 2032, inclusive, in the aggregate principal amount of $3,100,000 (the "2012 COs"); and WHEREAS, in the ordinance that authorized the issuance of the Bonds (the "Bond Ordinance"), the Town reserved the right to redeem the 2012 COs, 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 COs 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 COs with funds lawfully available for such purpose, being all of the outstanding principal balance of the 2012 COs (collectively, the "Redeemed COs"), which redemption shall occur on February 15, 2022; and WHEREAS, the paying agent/registrar with respect to the 2012 COs 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 of the operative provisions hereof. Capitalized terms not defined herein shall have the meanings ascribed such terms in the Bond Ordinance. SECTION 2. REDEMPTION OF REDEEMED COs. The Redeemed COs, as more specifically described in Exhibit A hereto, in the aggregate principal amount of $3,100,000, 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 $49,700.00. 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 COs is hereby directed to provide the appropriate notice of redemption to the registered owners of the Redeemed COs as specified by the Bond Ordinance, so that the Redeemed COs may be redeemed on the Redemption Date. Provided funds for the payment thereof have been made available to the Paying Agent/Registrar, the Redeemed COs 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 COs, and the payment of the costs of the transaction, as necessary or appropriate to consummate the transactions authorized by this resolution and to redeem the Redeemed COs in accordance with the provisions and requirements of the Bond Ordinance. (Execution Page Follows) Resolution No. 2021-71, Page 2 DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 23RD DAY OF NOVEMBER 2021. ) /-- -A. Ray Smi h, Mayor ATTEST: W. C tulu vw'Los' 1 o tklu- Michelle Lewis Sirianni, Town Secretary h�� OF P�O�Ai'fl p 1914 �XAS Resolution No. 2021-71, Page 3 EXHIBIT A CONDITIONAL NOTICE OF REDEMPTION TOWN OF PROSPER, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, 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 Bonds of the Town listed below: Town of Prosper, Texas Combination Tax and Revenue Certificates of Obligation, Series 2012, dated June 15, 2012, maturing on the dates and in the amounts shown below (the "Redeemed COs"), to be redeemed in the aggregate amount of $3,100,000, on the redemption date, at the redemption price of the principal amount called for redemption plus accrued interest to the date of redemption, as follows: MATURITY DATES February 15. 2023 February 15, 2024 February 15. 2025 February 15. 2026 February 15. 2027 February 15, 2028 February 15. 2029 February 15. 2030 February 15. 2031 February 15, 2032 PRINCIPAL PRINCIPAL AMOUNT AMOUNT OUTSTANDING REDEEMED $265.000 $265.000 275,000 275,000 285,000 285,000 295.000 295,000 305,000 305.000 315.000 315.000 325,000 325,000 335.000 335,000 345,000 345.000 355.000 355,000 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 February 15, 2022 February 15, 2022 REDEMPTION PRICE 100% 100 100 100 100 100 100 100 100 100 On February 15, 2022, interest on the Redeemed COs shall cease to accrue and be payable. THIS CONDITIONAL NOTICE OF REDEMPTION and the payment of the principal of and interest on the Redeemed COs 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 COs (the "Paying Agent"), in an amount sufficient to pay in full the redemption price for the Redeemed COs 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 COs shall be null and void and of no force and effect, and any Redeemed COs delivered for redemption shall be returned to the respective owners thereof. In such case, said Redeemed COs shall remain outstanding as though this Conditional Notice of Redemption had not been given. THE REDEEMED COS shall be redeemed in whole at U.S. Bank National Association, as the Paying Agent/Registrar for the Redeemed COs. Upon presentation of the Redeemed COs 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 of payment of the Redeemed COs called for redemption with funds sufficient A-1 to pay the principal amount of the Redeemed COs and the interest thereon to the redemption date. In the event the Redeemed COs are not presented for redemption by the respective date fixed for their redemption, they shall not thereafter bear interest. THIS NOTICE is issued and given pursuant to the redemption provisions in the proceedings authorizing the issuance of the Redeemed COs and in accordance with the recitals and provisions of each of the Redeemed COs, respectively. TOWN OF PROSPER, TEXAS A-2