ORDER NO. 30561 ORDER EXPRESSING OFFICIAL INTENT TO REIMBURSE WITH TAX EXEMPT OBLIGATION PROCEEDS FOR COSTS Came to be heard this the 8th day of October, 2007, with a motion made by Commissioner Williams, seconded by Commissioner Letz. The Court unanimously approved by vote of 4-0-0 to: Approve the Order Expressing Official Intent to Reimburse with Tax Exempt Obligation Proceeds for costs associated with constructing or acquiring various improvements within the County, as amended through these discussions. 3os`~ I 1, ~ COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND TEN (10) COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Jeannie Hargis MEETING DATE: Oct 8, 2007 my other presentations. OFFICE: Auditor's Office TIME PREFERRED: Same time as SUBJECT: Order Expressing Official Intent to Reimburse with Tax Exempt Obligation Proceeds for Costs Associated with Constructing or acquiring various improvements within the County. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Jeannie Hargis on behalf of Tom Spurgeon of McCall Parkhurst, Bond Attorney ~r-, ESTIMATED LENGTH OF PRESENTATION: 5 minutes 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 PM previous Tuesday @ .M. 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. ORDER NO. 0561 ORDER EXPRESSING OFFICIAL INTENT TO REIMBURSE WITH TAX- EXEMPT OBLIGATION PROCEEDS FOR COSTS ASSOCIATED WITH CONSTRUCTING ORACQUIRING VARIOUS IMPROVEMENTS WITHIN THE COUNTY STATE OF TEXAS § COUNTY OF KERR § WHEREAS, the Commissioners Court of Kerr County, TEXAS (the "County") hereby determines that it is necessary and desirable to acquire, construct or fund the following projects (collectively, the "Projects"): (i) renovate and make improvements to the County Courthouse; (ii) renovate, expand and improve the County`s agricultural barns and Youth Exhibit Complex and related facilities; (iii) make and acquire improvements to the County's communication and information systems; and (iv) acquire road maintenance and construction equipment; and WHEREAS, the County expects that it will pay expenditures in connection with the acquisition and construction of the Projects prior to the issuance of obligations to finance the Projects; and WHEREAS, the County finds, considers, and declares that the reimbursement of the 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 Projects; THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF KERR COUNTY, TEXAS THAT: SECTION L EXPECTATION TO INCUR DEBT. The County reasonably expects to incur debt, as one or more series of obligations, with an aggregate maximum principal amount currently estimated not to exceed $1, 500, 000, a portion of the proceeds of which are expected to be used for the purpose of paying the costs of the Projects. SECTION 2. REIMBURSEMENT OF PRIOR EXPENDITURES. All costs to be reimbursed pursuant hereto will be capital expenditures within the meaning of Section 1.150-2 of the Treasury Regulations. No tax-exempt obligations will be issued by the County in furtherance of this Order 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. THREE-YEAR LIMITATION FOR REIMBURSEMENT. The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this Order more than three years after the date any expenditure which is to be reimbursed is paid. SECT1oN 4. PUBLIC RECORD. The Commissioners Court directs that this Order shall be maintained as a public record available for inspection by all persons in accordance with the provisions of Chapter 552, Texas Government Code, and that no later than 3U days after this date, this Order will be made available for inspection by all members of the general public at the offices of the County Clerk of the County. [The remainder of this page intentionally left blank) ADOPTED AND APPROVED BY THE COMMISSIONERS COURT OF KERR COUNTY, TEXAS ON THE 8TH DAY OF OCTOBER, 2007. _ ~.r~,,.~-_F ~_ .,_ra.. By =="~t~~ty~ ~u e, Kerr County, Texas ATTEST: a~.~ ~~ Co my Cler ,Kerr County, Texas [SIGNATURE PAGE TO REIMBURSEMENT ORDER CERTIFICATE FOR ORDER STATF, OF TEXAS § COUNTY OF KERI2 I; the undersigned County Clerk of KERR COUNTY, TExas (the "County"), hereby certify as follows: I . The Commissioners Court of the County convened in REGULAR MEETING ON THE 8~t~ DAY OF OCTOBER, 2007, at the designated meeting place, and the rol l was called of the duly constituted officers and members of said Commissioners Court, to-wit: Pat Tinley, County Judge H.A. "Buster" Baldwin, County Commissioner, Precinct 1 William "Bill" Vi~illiams, County Commissioner, Precinct 2 Jonathan Letz, County Commissioner, Precinct 3 Bruce Oehler, County Commissioner, Precinct 4 and all of said persons were present, except the following absentees: N/A thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written ORDER EXPRESSING OFFICIAL INTENT TO REIMBURSE WITH TAX- EXEMPT OBLIGATION PROCEEDS FOR COSTS ASSOCIATED WITH CONSTRUCTING OR ACQUIRING VARIOUS IMPROVEMENTS WITHIN THE COUNTY was duly read. It was then duly moved and seconded that said Order be adopted; and, after due discussion, said motion, carrying with it the adoption of said Order, prevailed and carried by the following vote: AYES: 4 NOES: ~ ABSTEN l IONS: ~ 2. A true, full, and correct copy of the aforesaid Order adopted at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; said Order has been duly recorded in said Commissioners Court's minutes of said Meeting; the above and foregoing paragraph is a true, full, and correct excerpt from said Commissioners Court's minutes of said Meeting pertaining to the adoption of said Order; 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, of the time, place, and purpose of the aforesaid Meeting, and that said Order would be introduced and considered for adoption at said Meeting; 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 Chapter 551, Texas Government Code. SIGNED AND SEALED the 8rh day o October, 200~~~ Q -- County Cler ,Kerr County, Texas (SEAL)