o~~~io~.~ ~ ~• COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND ONE COPY OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Judge Tinley OFFICE: County Judge MEETING DATE: January 11, 2010 TIME PREFERRED: SUBJECT: Consider, discuss and take appropriate action on Order Authorizing the County Clerk to publish a notice of public hearing in connection with the issuance of a series of tax-exempt obligations to be issued by the county to finance the county's portion of the constructions of hangers at the City/County Airport. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Judge Tinley/Jeannie Hargis 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 you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. ORDER AUTHORIZING THE COUNTY CLERK TO PUBLISH A NOTICE OF PUBLIC HEARING IN CONNECTION WITH THE ISSUANCE OF A SERIES OF TAX-EXEMPT OBLIGATIONS TO BE ISSUED BY THE COUNTY TO FINANCE THE COUNTY'S PORTION OF THE CONSTRUCTION OF HANGARS AT THE CITY/COUNTY AIRPORT WHEREAS, KERR COUNTY, TEXAS (the "County") is a political subdivision, and is operating and existing under the Constitution and laws, of the State of Texas; and WHEREAS, the Commissioners Court of the County intends to authorize the issuance of approximately $325,000 in principal amount of "Tax Notes" pursuant to Chapter 1431, Texas Government Code, as amended (the "Series 2010A Notes"), to finance the County's portion of costs to construct new hangars at the City/County airport; and WHEREAS, the Commissioners Court finds it necessary to authorize a public hearing to be held in connection with the issuance of the Series 2010A Notes in order to comply with the provisions of Section 147( fl of the Internal Revenue Code of 1986, as amended (the "Code"), the compliance with which is required to permit the interest on the Series 2010A Notes to be excludable from federal income taxation; and WHEREAS, it is hereby officially found and determined that the meeting at which this Order was adopted 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, as amended. THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT OF KERR COUNTY, TEXAS, THAT: SECTION 1. PUBLIC HEARING FOR FEDERAL TAX PURPOSES. In order to comply with Section 147(fl of the Code, a public hearing shall be held within the County prior to the issuance of the Series 2010A Notes in which members of the public shall be permitted to express their views with respect to the issuance of the Series 2010A Notes (which, for federal tax purposes are being issued as "exempt facility bonds") and the hangars at the City/County airport being financed, in part, with proceeds of the Series 2010A Notes. Notice of such pubic hearing in substantially the form attached hereto as Exhibit A shall be published no less than 14 days prior to such hearing in a newspaper of general circulation in the County, and the County Clerk is hereby authorized and directed to cause such notice to be published in accordance with such requirements. SECTION 2. INCORPORATION OF RECITALS. The Commissioners Court hereby finds that the statements set forth in the recitals of this Order are true and correct, and the Commissioners Court hereby incorporates such recitals as a part of this Order. SECTION 3. EFFECTIVE DATE. This Order shall become effective immediately after its adoption. PASSED AND APPROVED BY THE COMMISSIONERS COURT OF KERR COIINTY, TEXAS AT A REG ULAR MEETING ON THE 11 TH DA Y OF JANUAR Y, 2010, AT WHICH MEETING A Q UOR UM WAS PRESENT. County Judge, Kerr County, Texas ATTEST: County Clerk, Kerr County, Texas (SEAL) EXHIBIT A NOTICE OF PUBLIC HEARING Regarding the Issuance of Kerr County, Texas Tax Notes, Series 2010A NOTICE IS HEREBY GIVEN that the Commissioners Court of Kerr County, Texas (the "County"), will hold a public hearing on , January _, 2010, commencing at _:_ a.m. at the Kerr County Courthouse, 700 E. Main Street, Kerrville, Texas, to provide an opportunity for all interested persons to be heard with respect to the proposed issuance and sale by the County of approximately $325,000 in principal amount of its tax-exempt Ta~ Notes, Series 2010A (the "Notes"). The proceeds of the Notes will be used by the County for the purpose of financing the County's portion to construct new hangars at the City/County Airport. It is expected that the hangars will be leased to and used primarily by various private entities in connection with the short-term and long-term storage of aircraft. The Notes will be general obligations of the County payable from and secured by ad valorem taxes levied annually by the County. All interested persons are invited to attend the hearing to express their views with respect to the issuance of the Notes. In lieu of attendance at the meeting, written comments may be submitted to the County addressed to the County Clerk. County Clerk, Kerr County, Texas 700 Main Street Kerrville, Texas 78028 Tel: (830) 792-2255 Fax: (830) 792-2274