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12-13 - R Res 12-13 RESOLUTION EXPRESSING OFFICIAL INTENT TO REIMBURSE COSTS OF THE TOWN OF PROSPER CAPITAL IMPROVEMENT PROJECTS WHEREAS, the Town of Prosper, Texas (the "Issuer") is a duly created municipal corporation and a governmental body of the State of Texas; WHEREAS, in accordance with an election held in the Issuer on May 14, 2011, the voters of the Issuer have approved the issuance of bonds to fund costs various projects, and the Issuer expects to issue or incur debt for street and road improvements in the Issuer and parks, trails and recreational facilities in the Issuer, including the acquisition of land for public parks (collectively, the "GO Projects"); and WHEREAS, in addition to the GO Projects, the Issuer expects to issue or incur debt for drainage improvements in the Issuer and extensions and improvements to the Issuer's water system (such projects, together with the GO Projects, are hereinafter the "Projects"); and WHEREAS the Issuer expects to pay, or have paid on its behalf, expenditures in connection with the design, planning, acquisition and construction of the Projects, prior to the issuance of one or more series 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 Projects; 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 Projects; 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 $19,900,000 for the purpose of paying the costs of the Projects. 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. SIGNED this, the 28th day of February, 2012. Town Secretary .)/ Mayor 014 PRO lilt tp ! / %. n) :: 0 F :II�- 0 • Z, a 40.- • ° �� • r s • as y • • •. ••• +R i a*. I s S r ✓ % •• Sri °•�•..........•e•• \•` 0