ORDER N0.29022
AUTHORIZING THE ISSUANCE, SALE AND
DELIVERY OF
CERTIFICATES OF OBLIGATION
Came to be heard this the 14th day of February 2005 with a motion made by
Commissioner Letz seconded by Commissioner Williams. The Court approved by a vote
of 3-2-0 to re-adopt the order approved on February 4, 2005, which originally authorized
the issuance of such Certificates of obligation Series 2005 and authorizing the levy of an
ad valorem tax and providing for immediate effective date.
~ ~ ~-.~
COMMISSIONERS' COURT AGENDA REOUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS
REOUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: Pat Tinley
OFFICE: County Judge
MEETING DATE: February 14, 2005
TIME PREFERRED:
SUBJECT: Order securing the payment of "Kerr County, Texas Certificates of
Obligation, Series 2005" by authorizing the levy of an annual ad valorem tax; Re-
Adopting the Order approved on February 4, 2005 which originally authorized the
Issuance of such Certificates of Obligation; and providing for immediate effective date.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: County Judge
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Time for submitting this request for Court to assure that the matter is posted in
accordance with Title 5, Chapter 551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday.
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:

All Agenda Requests will be screened by the County Judge's Office to determine if adequate
information has been prepared for the Court's formal consideration and action at time of Court
Meetings. Your cooperation will be appreciated and contribute towards you request being
addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
rage i or ~
Kerr County Judge/Commissioners' Court Bch „
~~R~
From: ,Tom Spurgeon" <TSpurgeon@mphlegal.com> ~ ~':_
To: Kerr County Judge/Commissioners' Court"' <ken~cocc@ktc.com> ~~-.._. /
Cc: "Noel Valdez" <nvaldez@mphlegal.com>; "Kathy Cooper" <KCooper@mphlegal.co~__-
Sent: Monday, February 07, 2005 5:36 PM
Attach: Tax Order-2.pdf
Subject: RE: Kerr County COs and Tax Order
Judge Tinley:
As the "Golden Rule" says - "Them whose got the gold makes the rules."
I spoke with the AG's office this afternoon ("them whose got the gold") after they received a package from us
today containing numerous executed documents, including the Order that the Court approved on Friday, along
with the Order the Court will consider next Monday to approve the tax. Lynn Stuck (the Chief of the AG's office -
she "makes the rules") "suggested" that when the Court approves the tax order next week it should also "re-
adopt the Order that was approved last Friday -for reasons I am still not sure of. I had talked with Lynn about 10
days ago and laid out the plan to award the sale of the COs last week and follow that up with the tax order on the
14th, which she agreed to, but she now believes the CO order should be re-adopted. I politely argued that 1 could
not see the necessity in doing so; however, since the Court had to consider the tax order anyway, I also saw no
reason not to insert a provision in the tax order that would re-adopt the original CO order. Therefore, 1 have
revised the tax order that was distributed earlier today which adds a new recital relating to re-adopting the original
CO Order and adds a new Section 2 for purposes of re-adopting the original CO Order.
Please also note that, for purposes of posting your agenda, the caption of the Tax Order has been revised to
reflect the re-adoption of the CO Order.
Please call if you have any questions.
Tom
----0riginal Message-----
From: Tom Spurgeon
Sent: Monday, February 07, 2005 1:03 PM
To: 'Kerr County Judge/Commissioners' Court'
Cc: Noel Valdez; Kathy Cooper
Subject: Kerr County COs and Tax Order
Judge Tinley:
Attached is a file which contains a draft of the Order to be considered next Monday by the Commissioners
Court to levy a tax to secure payment of the COs. We intend to send a pre~xecuted copy to our Austin
office so that they can deliver the executed Order to the AG immediately after its passage, all of which
will permit the AG to release the COs and its opinion shortly thereafter. Therefore, we would appreciate the
Court's consideration of this Order as early as possible in the meeting so that the COs can be approved
and released by the AG around mid-morning, which will permit a normal delivery of the COs to the
Underwriter that morning. With that in mind, we are going to send to you this evening by overnight courier
several execution copies of this Order, dated February 14th (along with several other documents that
Kathy Cooper will discuss with Kathy later today), and would appreciate you and the County Clerk
executing all copies and returning them to us this week, with the understandinq that we will not deliver the
executed Order to the AG until we have been notitred that the Court has approved the Order. (As a
practical matter, either 1 or Ncel will probably attend your meeting next week, but we'll work out logistics
later this week.) Please use the caption of the Order foryour agenda.
In addition, we will need to provide to the AG at least one original affidavit of publication from the
Kerrville Daily Times in connection with the Notices of Publication that occurred on January 6, 13, and 20.
2/8/2005
rage L vi ~
If possible, we would appreciate receiving at least iwo affidavits so that we can provide one original to the
AG and retain one for our files.
Many thanks for all of your assistance. Please calf if you have any questions.
Cordially yours,
Thomas K. Spurgeon
McCall, Parkhurst ~ Horton L.L.P.
700 N. St. Mary's, Suite 1525
San Antonio, Texas 78205
Telephone: (210) 225-2800
Telecopy: (210) 225-2984
e-mail: tpurgeon@mphlegal.com
Please note that, effective December 22, 2003, our suite number changed to "Suite 1525."
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Z/8/2005
2 G3 ~~~ DxnFr DATE: FEBRU.4ELY 7, 2005
ORDER SECURING THE PAYMENT OF "KERB COUNTY, TEXAS
CERTIFICATESOFOBLIGATION, SERIES200S"BY AUTHORIZING THE
LEVY OF AN ANNUAL AD VALOREM TAX; RE-ADOPTING THE ORDER
APPROVED ON FEBRUARY 4, 2005 WHICH ORIGINALLY AUTHORIZED
THE ISSUANCE OF SUCH CERTIFICATES OF OBLIGATION; AND
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE
THE STATE OF TEXAS §
COUNTY OF KERB §
WHEREAS, on February 4, 2004, the Commissioners Court of KERit CouNTY, TEXAS (the
"County") approved an order (the "Certificate Order") which authorized the issuance of $2,000,000
in principal amount of "Kerr County, Texas Certificates of Obligation, Series 2005" (the
"Certificates of Obligation"), for the purpose of providing proceeds to purchase the existing juvenile
detention facility located within the County from the Hill Country Juvenile Facility Corporation; and
WHEREAS, the meeting during which the Certificate Order was passed was not a "regularly
scheduled meeting" ofthe Commissioners Court; therefor, pursuant to Section 81.006, Texas Local
Government Code, the Commissioners Court was not authorized to levy an ad valorem tax securing
the payment of the Certificates of Obligation as would normally have occurred in the Certificate
Order; and
WHEREAS, the purpose of this Order is to fully implement Section 6 of the Certificate
Order and secure payment of the principal of and interest on the Certificates of Obligation by
levying an annual ad valorem tax on all taxable property within the County in an amount sufficient
to pay such principal and interest requirements and pledging such amount to secure the Certificates
of Obligation; and
WHEREAS, at the suggestion of the Public Finance Division of the Attorney General of
Texas, which office must approve the issuance of the Certificates of Obligation in accordance with
Texas law, the Commissioner Court also deems it appropriate to re-adopt the Certificate Order in
order to eliminate any question regarding the timing and effectiveness of the Certificate Order; and
WHEREAS, it is hereby officially found and determined that the meeting at which this Order
was passed was a regularly scheduled meeting of the Commissioners Court during which at least
four members of the Commissioners Court were present, and such 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.
THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF KERB
COUNTY, TEXAS:
SECTION 1. TAX LEVY. Pursuant to Subchapter C of Chapter 271, Texas Local
Government Code, and in order to fully implement Section 6 of the Certificate Order to provide
payment of principal of and interest on the Certificates of Obligation, an ad valorem tax is hereby
ordered to be levied against all taxable property in the County for each year while any of the
Certificates of Obligation or interest thereon are outstanding and unpaid; and said tax shall be
assessed and collected each such year and deposited to the credit of the Interest and Sinking Fund
created by Section 6 of the Certificate Order. Said ad valorem taxes sufficient to provide for the
payment ofthe interest on and principal ofthe Certificates ofObligation, as such interest comes due
and such principal matures, are hereby pledged for such payment, within the limit prescribed by law.
SECTION 2. RE-ADOPTION OF CERTIFICATE ORDER. The Certificate Order is
hereby re-adopted by the Commissioners Court in its entirety the same as if it were attached to this
Order and made a part hereof.
SECTION 3. SECURITY IN'T'EREST. Chapter 1208, Texas Government Code, applies to
the issuance of the Certificates of Obligation and the pledge of the ad valorem taxes granted by the
County pursuant to this Order, and is therefore valid, effective, and perfected. If Texas law is
amended at any time while the Certificates of Obligation are outstanding and unpaid such that the
pledge of the ad valorem taxes granted by the County pursuant to this Order is to be subject to the
filing requirements of Chapter 9, Texas Business & Commerce Code, then in order to preserve to
the registered owners of the Certificates of Obligation the perfection of the security interest in said
pledge, the County agrees to take such measures as it determines are reasonable and necessary under
Texas law to comply with the applicable provisions of Chapter 9, Texas Business & Commerce
Code, and enable a filing to perfect the security interest in said pledge to occur.
SECTION 4. INCORPORATION OF RECITALS. ~ The County hereby finds that the
statements set forth in the recitals of this Order are true and correct, and the County hereby
incorporates such recitals as a part of this Order.
SECTIONS. EFFECTIVE DATE. This Order shall become effective immediately after its
adoption.
[The remainder of this page intentionally left blank)
PASSEDANDAPPROVED BYTHE COMMISSIONERS COURT OFKERR COUNTY,
TEXAS AT A REGULAR TERM MEETING ON THE 14T" DAY OF FEBRUARY, 2005, AT
WHICH MEETING A QUORUM WAS PRESENT.
ATTEST:
J NETT PIEPER, KERR C NTY CLERK
r
~1
B ~ ~ _~
Co rk, Kerr unty, exas , G edge, Kerr County, Texas
** ** ** ** **
[EXECUTION PAGE TO ORDER LEVYING AD VALOREM TAX
TO SECURE CERTIFICATES AND RE-ADOPT THE CERTIFICATE ORDER]