ORDER NO. 29516 DISCUSS RESOLUTION EXPRESSING OFFICIAL INTENT TO REIMBURSE WITH TAX-EXEMPT OBLIGATION PROCEEDS COSTS INCURRED TO QACQUIRE CERTAIN COMPUTER HARDWARE AND SOFTWARE FROM THE SOFTWARE GROUP DIVISION OF TYLER TECHNOLOGIES, INC. Came to be heard this the 27th day of December, 2005, with a motion made by Commissioner Williams, seconded by Commissioner Baldwin. The Court unanimously approved by vote of 4-0-0 to: Approve the Resolution expressing official intent to reimburse with tax- exempt obligation proceeds costs incurred to acquire certain computer hardware and software from The Software Group Division of Tyler Technologies, Inc., prior to the issuance of such obligations, and authorization for County Judge to sign same. a ~s~:~ I .I°~ COMMISSIONERS' COURT AGENDA REOUEST PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Pat Tinley OFFICE: County JudgeQ/~~ MEETING DATE: December 27, 2005 TIME PREFERRED: SUBJECT: Consider, discuss and approval of Resolution expressing official intent to reimburse with tax-exempt obligation proceeds costs incurred to acquire certain computer hardware and software from the Software Group Division of Tyler Technologies, Inc. prior to the issuance of such obligations and authorization for County Judge to sign same. 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: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: 5:00 P.M. previous Tuesday. 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 your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. Page 1 of I Kerr Coun Jud a/Commissioners' Court From: "Tom Spurgeon" To: Cc: "Henderson, Robert (RBC Dain)" ; ; "Noel Valdez" Sent: Wednesday, December 21, 2005 4:45 PM Attach: ReimburseReso-1.pdf Subject: Kerr County Reimbursement Resolution for Computer Hardware and Software Judge Tinley: It was good to hear from you this afternoon, and thank you for the reminder about the Reimbursement Resolution, a copy of which is attached. Please use the caption of the Resolution for the Court's agenda. If you have any questions or need for me to make any corrections, please don't hesitate to call. Have a wondertut Christmas and a great New Years. 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: tsourgeon(a~mohlegal.com 'The information containetl in :his electronic cemmunicaticn is ccrfidential antl may contain information that is legally privileged and exempt from disclosure under aonlirahle law The information is intended solely for the use of the individual or entity named ahove If you have received this rommuniration in error please notify the sender immediately by reolvinc in this message and then delete it from your system Triank vnu "It file(s) attached tc this message Nava the axtension'PCF", the files have beer. saved in Adobe's Portable Dccumant Farmat (PDF) The PCF format is designed for "universal document exchanne" - it allows documents to maintain their anoearance and oaainatinn on any cmm~uter or nrinfer PDF file(s) ran he viewed and printed urine Adobe c free Acrohaf Reader available ai hfta //www.adohe corn)orodrndexlacroballreadsteo.html 12/21/2005 RESOLUTION EXPRESSING OFFICIAL INTENT TO REIMBURSE WITH TAX-EXEMPT OBLIGATION PROCEEDS COSTS INCURRED TO ACQUIRE CERTAIN COMPUTER HARDWARE AND SOFTWARE FROM THE SOFTWARE GROUP DIVISION OF TYLER TECHNOLOGIES, INC. PRIOR TO THE ISSUANCE OF SUCH OBLIGATIONS STATE OF TEXAS § COUNTY OF KERB § WHEREAS, the Commissioners Court of KERR COUNTY, TEXAS (the "County") intends to acquire certain computer hardware and software, for use by various County offices, from The Software Group Division of Tyler Technologies, Inc. ("The Software Group"), as more fully described a letter addressed to the Kerr County Judge, dated November 18, 2005, from The Software Group (collectively, the "Project"); and WHEREAS, the County has paid within not earlier than 60 days from the date of passage of this Resolution, or expects to pay, capital expenditures in connection with the Project prior to the issuance of obligations to finance the Project; and WHEREAS, the County fmds, considers, and declazes that the reimbursement ofhe County for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the County and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 of the Treasury Regulations, to reimburse itself for such payments at such time as it issues obligations to finance the Project; THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS COURT OF KERR COUNTY, TEXAS THAT.• SECTION 1. INTENT TO REIMBURSE CERTAIN EXPENDITURES. The County reasonably expects to incur debt, as one or more series of obligations, in an aggregate principal amount currently estimated to be approximately $1,000,000, for the purpose of paying the costs of acquiring and installing the Project. A portion of the proceeds received by the County are reasonably expected to be used to reimburse the County's General Fund or other funds of the County from which such capital expenditures have been made not earlier than 60 days from the date of passage of this Resolution, or are expected to be made for acquiring and installing the Project prior to the issuance of such obligations. SECTION 2. SATISFACTION OF CERTAIN FEDERAL REQUIREMENTS. The County intends that this Resolution satisfy the official intent requirements set forth in Section 1.150-2 of the Treasury Regulations. The County has no funds or sources of funds, other than the proceeds of the debt to be incurred, which the County has, or reasonably expects to be, reserved, allocated on a long-term basis, or otherwise set aside in the County's budget or other financial policies with respect to the expenditures to be reimbursed. SECTION 3. REPRESENTATIONS RELATED TO SUCH EXPENDITURES, All costs to be reimbursed pursuant hereto will be capital expenditures within the meaning of Section ] .150-2 of the Treasury Regulations. No tax-exempt obligations will be issued by the County in furtherance of this Resolution 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; provided, however, in no event may proceeds of tax-exempt obligations issued based on the provisions of this Resolution be used to reimburse the County for an expenditure more than three years after the date such expenditure was paid. SECTION 4. PUBLIC RECORD. The County directs that this Resolution be maintained as a public record available for inspection by all persons in accordance with the provisions ofChapter 552, Texas Government Code and that no later than 30 days after this date, this Resolution will be made available for inspection by all members ofthe general public atthe offices ofthe County. (The remainder of this page intentionally left blank] pASSEDANDAPPROVEDBYTHECOMMISSIONERSCOURTOFKERRCOUNTY, TEXASATA REGULAR TERM ON THE 2~DAYOFDECEMBER, 2005. ~/~\° COG ~ r 9~ ty u ge, Kerr County, ~~ FQ A ST: 99C~UN~~} Co ty Cler Kerr Coun ,Texas (SEAL) [SIGNATURE PAGE TO REIMBURSEMENT RESOLUTION] THE STATE OF TEXAS COUNTY OF KERR We, the undersigned officers of KERB CoutvTY, TEXAS (the "County"), hereby certify as follows: 1. The Commissioners Court of the County convened in REGULAR TERM ON THE 27T" DAY OF DECEMBER, 2005, at the designated meeting place, and the roll was called of the duly constituted officers and members of said Commissioners Court, to wit: Pat Tinley, County Judge H.A. "Buster" Baldwin, Commissioner, Precinct 1 William "Bill" Williams, Commissioner, Precinct 2 Jonathan P. Letz, Commissioner, Precinct 3 David Nicholson, Commissioner, Precinct 4 and all of said persons were present, except /v/fJ thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written RESOLUTION EXPRESSING OFFICLAL INTENT TO REIM$URSE WI'T'H TAX-EXEMPT OBLIGATION PROCEEDS COSTS INCURRED TO ACQUIRE CERTAIN COMPUTERHARDWARE AND SOFTWARE FROM THE SOFTWARE GROUP PRIOR TO THE ISSUANCE OF SUCH OBLIGATIONS was duly introduced for the consideration of said Commissioners Court and read in full. It was then du]y moved and seconded that said Resolution be passed; and, after due discussion, said motion, carrying with it the passage of said Resolution, prevailed and carcied by the following vote: AYES: ~ NOES: ~ ABSTENTIONS: 2. A true, full and correct copy of the aforesaid Resolution passed at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; said Resolution has been duly recorded in said Commissioners Court's minutes of said Meeting; the above and foregoing paragraph is a true, full and corcect excerpt from said Commissioners Court's minutes of said Meeting pertaining to the passage of said Resolution; the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of said Commissioners Court as indicated therein; each of the officers and members of said Commissioners Court was duly and sufficiently notified officially and personally, in advance, ofhe time, place and purpose ofhe aforesaid Meeting, and that said Resolution would be introduced and considered for passage at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose; and 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 the Texas Government Code, Chapter 551. SIGNED AND SEALED the 27"' day of December, 2005. ~ ~~ (SEAL) ~StONERg Goy C O~~\ OG9 County Cler Kerc County, Texas U~~~ ~~ {~ ~ouNty'