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23-2433ORDINANCE NO. 23-2433 AN ORDINANCE OF THE CITY OF DENTON TO DECLARE THE INTENT TO REIMBURSE CAPITAL PROGRAM EXPENDITURES OF GENERAL GOVERNMENT WITH TAX-PREFERRED OBLIGATIONS (GENERAL OBLIGATION BONDS) WITH AN AGGREGATE MAXIMUM PR[NCiPAL AMOUNT NOT TO EXCEED $53,117,000; AND PROVID[NG AN EFFECTIVE DATE. WHEREAS, the City of Denton (the “Issuer”) is a municipal corporation/political subdivision of the State of Texas; and WHEREAS, by virtue of an election held within the Issuer on November 7, 2023 (the “2023 Bond Election”), this City Council became authorized to issue, sell and deliver the General Obligation Bonds of the Issuer for street improvements, drainage and flood control improvements, park system improvements, fire and animal control public safety facilities, and a new South Branch Library, including for those General Government projects described on Exhibit A hereto (collectively, the “Projects”); and WHEREAS, the Issuer expects to pay, or have paid on its behalf, expenditures in connection with the Projects prior to the issuance of General Obligation Bonds which are tax- exempt obligations, tax-credit obligations or obligations for which a prior expression of intent to finance or refinance is required by Federal or state law to finance the Projects; and WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its intention to reimburse itself for such payments at such time as it issues the obligations to finance the Projects; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings set forth in the above preamble to this Ordinance are true and correct and are hereby adopted. SECTION 2. The Issuer reasonably expects to incur debt, as one or more series of tax- exempt obligations, tax-credit obligations or obligations for which a prior expression of intent to finance or refinance is required by Federal or state law (collectively and individually, the “Tax- Preferred Obligations”), with an aggregate maximum principal amount equal to $53,117,000 for the purpose of paying the costs of the Projects as described in Exhibit A attached hereto and incorporated by reference herein for all purposes. SECTION 3. All costs to be reimbursed pursuant hereto will be capital expenditures. No Tax-Preferred Obligations will be issued by the Issuer in furtherance of this ordinance after a date which is later than 18 months after the later of (i) the date the expenditures are paid or (ii) the date on which the property, with respect to which such expenditures were made, is placed in service. SECTION 4. The foregoing notwithstanding, no Tax-Preferred Obligation will be issued pursuant to this ordinance more than three years after the date any expenditure which is to be reimbursed is paid. SECTION 5. The foregoing Sections 3 and 4 notwithstanding, all costs to be reimbursed with qualified tax credit obligations shall not be paid prior to the date hereof and no tax credit obligations shall be issued in furtherance of this ordinance after 18 months of the date the original expenditure is made. SECTION 6. This Ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by Rb 1 ht 1 +ze/ and seconded by Br 1 k_ Beck . The ordinance was passed and approved by the following vote U - U : Aye ./ I ./ ,/ Z b/ / Nay Abstain Absent Gerard Hudspeth, Mayor: Vicki Byrd, District 1 : Brian Beck, District 2: Paul Meltzer, District 3 : Joe Holland, District 4: Brandon Chase, At Large Place 5 : Chris Watts, At Large Place 6: PASSED AND APPROVED this 23'd day of January, 2024. FO ATTEST: JESUS SALAZAR, CITY SECRETARY \\\\111111/1 D APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by Susan Ketler I enull=Susan.Keller@ityofdenton.comBY: ""=”"' '''”’"''" 8 ON: dc=com, dc=cityofdenton, dc=ccxJadler !:hi;it'll,;=leili;;:?-"-Susan Ke Exhibit A Capital Improvement Project Listing SERIES 2024 - Second Reimbursement Ordinance January 23, 2024 DEBT FUNDED PROJECTS GENERAL OBLIGATION PROJECTS (2023 Bond Election): Ruddell, Mingo Roadway & Quiet Zones (Prop A) Oakland Drainage & Upstream Detention Improvements (Prop B) PEC 3&4 Drainage Improvements (Prop B) Inclusive Playground (Prop C) Trail Development (Prop C) Aquatic Improvements (Prop C) Fire Station # 5 (Prop D) Fire Station # 6 (Prop D) Linda McNatt Animal Care & Adoption Center (Prop D) Public Art - Public Safety (Prop D) South Branch Library (Prop G) mmElection GO Total $5,000,000 5,000,000 5,000,000 3,450,000 4,000,000 2,000,000 5,000,000 5,000,000 15,850,000 317,000 2,500,000 53,117,000i