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25 - Notice of Intention ot Issue Certificates of Obligation to Finance Construction of a Wastewater PlantItem No. 25 memorandum TO: Mayor, Mayor Pro Tem & City Council Grayson Path, City Manager FROM: Gene Anderson, Finance Director SUBJECT: NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION TO FINANCE CONSTRUCTION OF A WASTEWATER PLANT DATE: January 22, 2024 BACKGROUND: The City has been working and planning towards building a new Wastewater Treatment Facility for several years. Thalle Construction Company, the general contractor for the wastewater treatment plant project, was issued a notice to proceed for Phase 1 of the project on January 11, 2023. Construction is ongoing and substantial completion of Phase 1 is scheduled for December 2024. For funding purposes, the project was divided into two phases. On December 11, 2023 the City Council heard a project update from Garver Engineering including the fact that Phase 2 design has been completed by Garver. STATUS OF ISSUE: The City will soon need to receive bids on Phase 2 of the project. When those bids are received, the City must have the funds on hand to build the project. Therefore, the city staff has prepared a resolution for this January 22nd meeting directing that notice of intent to issue certificates of obligation not to exceed $65,000,000 to finance construction of a wastewater treatment plant be posted to the City website and published in a newspaper that circulates within the City. BUDGET: A new construction fund and a new Interest & Sinking Fund will be established to handle the expenditure of the CO proceeds and to make the required debt payments. RECOMMENDATION: Move to adopt a resolution directing that notice of intent to issue certificates of obligation to finance construction of a wastewater treatment plant be posted to the City website and published in a newspaper, and approving all other matters pertaining thereto. CERTIFICATE FOR RESOLUTION THE STATE OF TEXAS COUNTY OF LAMAR CITY OF PARIS We, the undersigned officers of the City of Paris, Texas (the "City"), hereby certify as follows: 1. The City Council of the City (the "Council") convened in a regular meeting on January 22, 2024, at the designated meeting place, and the roll was called of the duly constituted officers and members of the Council, to wit: Reginald B. Hughes, Mayor Mihir "Mark" Pankaj, Mayor Pro Tem Shatara Moore, Council member Gary Savage, Council member Rebecca Norment, Council member Clayton Pilgrim, Council member Rudy Kessel, Council member Janice Ellis, City Clerk and all of said persons were present except , thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written RESOLUTION DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION; AND RESOLVING OTHER MATTERS RELATING TO THE SUBJECT was duly introduced for the consideration of the Council. It was then duly moved and seconded that said Resolution be adopted and, after due discussion, said motion, carrying with it the adoption of said Resolution, prevailed and carried with all members present voting "AYE" except the following: NAY: ABSTAIN: 2. A true, full and correct copy of the aforesaid Resolution adopted at the meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Resolution has been duly recorded in the Council's minutes of said meeting; that the above and foregoing paragraph is a true, full and correct excerpt from the Council's minutes of said meeting pertaining to the adoption of said Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of the Council as indicated therein; that each of the officers and members of the Council was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the aforesaid meeting, and that said Resolution would be introduced and considered for adoption at said meeting, and each of said officers and members consented, in advance, to the holding of said meeting for such purpose, and that 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. 3. The Council has approved and hereby approves the aforesaid Resolution; and the Mayor and the City Clerk of the City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Resolution for all purposes. SIGNED AND SEALED THIS JANUARY 22, 2024. ...... .............. ............. . ........ -. Janice Ellis, City Clerk Reginald B. Hughes, Mayor City of Paris, Texas City of Paris, Texas (City Seal) RESOLUTION DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION; AND RESOLVING OTHER MATTERS RELATING TO THE SUBJECT THE STATE OF TEXAS COUNTY OF LAMAR CITY OF PARIS WHEREAS, the City Council of the City of Paris, Texas (the "City"), deems it advisable to give notice of intention to issue certificates of obligation of the City (the "Certificates of Obligation"), as hereinafter provided; and WHEREAS, it is hereby officially found and determined that the meeting at which this Resolution was passed 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; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. Attached hereto and marked Exhibit A is the form of Notice of Intention to Issue Certificates of Obligation of the City (the "Notice"), the form and substance of which are hereby passed and approved. Section 2. The City Clerk shall cause the Notice, in substantially the form attached hereto, to be published in a newspaper of general circulation in the City and published in the City, once a week for two consecutive weeks, the date of the first publication thereof to be before the forty- fifth (45"') day before the date tentatively set for the passage of the ordinance or ordinances authorizing the issuance of the Certificates of Obligation. Section 3. The City Clerk shall cause the Notice, in substantially the form attached hereto, to be posted continuously on the City's Internet website for at least forty-five (45) days before the date tentatively set for the passage of the ordinance or ordinances authorizing the issuance of the Certificates of Obligation. Section 4. This Resolution shall be effective immediately upon adoption. Exhibit A NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF PARIS, TEXAS NOTICE IS HEREBY GIVEN that the City Council of the City of Paris, Texas (the "City"), at its meeting to commence at 5:30 p.m. on March 25, 2024, in the City Council Chamber at City Hall, 107 E. Kaufman Street, Paris, Texas 75460, tentatively proposes to adopt one or more ordinances authorizing the issuance of interest-bearing certificates of obligation, in one or more series, in an amount not to exceed $65,000,000, for the purpose of paying all or a portion of the City's contractual obligations incurred in connection with (i) the acquisition, construction, installation and equipment of additions, improvements and extensions to the City's waterworks and sewer system (the "System") and (ii) paying legal, fiscal and engineering fees in connection with such projects. The City proposes to provide for the payment of such certificates of obligation from the levy and collection of ad valorem taxes in the City as provided by law and from a pledge of the surplus revenues of the System that remain after payment of all operation and maintenance expenses thereof, and after all debt service, reserve and other requirements in connection with all revenue bonds or other obligations (now or hereafter outstanding) of the City have been met, to the extent that such obligations are payable from all or any part of the net revenues of the System. The certificates of obligation are to be issued, and this notice is given, under and pursuant to the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271. The following information is provided to comply with Tex. H.B. 477, 86 Leg., R.S. (2019). The current principal of all outstanding debt obligations of the City is $91,260,000. The current combined principal and interest required to pay all outstanding debt obligations of the City on time and in full is $133,861,515. The maximum principal amount of the certificates to be authorized is $65,000,000 and the estimated combined principal and interest required to pay the certificates to be authorized on time and in full is $125,339,761. The maximum interest rate for the certificates may not exceed the maximum legal interest rate. The maximum maturity date of the certificates to be authorized is June 15, 2054. The above information does not exclude any outstanding debt obligations the City has designated as self-supporting and which the City reasonably expects to pay from revenue sources other than ad valorem taxes. CITY OF PARIS, TEXAS