2024-07-24 Final PacketCERTIFICATE OF COUNTY CLERK
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THE STAT~ OP:tEXAS
COUNTY OF CALHOUN
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THE UNDERSIGNED HEREBY CERTIFIES that:
1. . The ~ommissiorters Court (the Court) of.Calhoun County, Texas (the County),
convened oh the 24th day of July, 2024 in regular session in the regular meeting place of the Court
in the County Courthouse (the Meeting); Which Meeting was at all tirrtes open to .the public, the
d1.1ly constituted officers and members of the Court being as follows: .
Rjchard H. Meyer
David Hall
Vern Lyssy
Joel Behrens
GaryReese.
County Judge
· Commissioner, Precinct 1
Commissioner, Precinct 2·
Commissioner, Precinct3
Conm1issioner, Precinct 4
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and aliof such persons were presentatthe Meeting, except the following:._·~~~.,-----,---.,-,,...,...
thus constituting a quorum. . Among other business considered at the Meeting; the • attached
Resolution (the Resolution) entitled: · ·
RESOLUTION AUTHORIZING PUBLICATION AND POSTING OF A
NOTICE OF INTENTION TO lSSUE CERTIFICATES OF
OBLIGATION FOR IMPROVEMENTS TO THE COUNTY--OWNED
HOSPITAL; ANJ?,PROVIDING FOR AN EFFECTIVE DATE
w_ as i_nt~oduced f~r the due consideration .of_t_ he Court. A ~r presentation and disc_ussion of the
Resolution, a motion was made by Comm1ss1oner \. . -. LA .. th t the Resolution be passed
and adopted. The motion was seconded by Coinmis$ioner . (l . and carried by the.
following vote:
,j voted "For" _ voted "Against" _·_ .. "Abstained"
all_ as-shown in the official Minutes of' the Court for the Meeting.
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2. The attached Resolution is a true and correct copy of the original on file in the .
official records of the County; the duiy qualified and acting members of the Court on the date. of
the Meeting are those persons sh.own above, and, according to the records of iny office, each .
member of the Court was given actual notice of the time, place, and purpose of the Meeting arid'
had.actual notice that theResolutiori would be considered;·andthe Meeting and deiiberation of the
aforesaid public busines~~ was open .to the public and written notice of said .meeting including the
subject of the. Resolution, was ·posted arid given in advance thereof in compliance with the
provisions of Chapter 551; as amended, Texas Government Code ..
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iN WffNESS WHEREOF, I have signecl my name officiaHy and affixed the seal. of the.
Collllll1~~1oners Court, this 24th day of July, 2024~ · · · · · · · · · ·
. (SEAL OF(CQMMISSIONERS COURT)
RESOLUTION AUTHORIZING PUBLICATION AND POSTING OF A
NOTICE OF INTENTION TO ISSUE CERTIFICATES OF
OBLIGATION FOR IMPROVEMENTS TO THE COUNTY-OWNED
HOSPITAL; AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the Commissioners Court of CALHOUN COUNTY, TEXAS (the County)
has determined that it is necessary and desirable to issue certificates of obligation for the purposes
of paying contractual obligations of the County to be incurred to: (1) construct, renovate, and
otherwise improve County-owned buildings, including the County-owned hospital (the Project),
(2) purchase materials, supplies, equipment, machinery, buildings, land, and rights-of-way for
the Project; and (3) the payment of professional services relating to the design, construction,
project management, and financing of the Project, including services by tax appraisal engineers,
engineers, architects, attorneys, auditors, mapmakers, financial advisors, and fiscal agents; and
WHEREAS, the County intends to finance the Projects from proceeds derived from the
sale of one or more series of Combination Tax and Revenue Certificates of Obligation issued by
the Commissioners Court pursuant to Sections 271.041 through 271.064, as amended, Texas
Local Government Code; and
WHEREAS, pursuant to Section 271.049, as amended, Texas Local Government Code,
the County deems it advisable to give notice of intention to issue certificates of obligation in an
amount not to exceed an aggregate principal amount of $30,000,000 for the purpose of paying,
in whole or in part, the costs of the Projects, to pay all or a portion of the legal, fiscal and
engineering fees in connection with the Projects, and to pay the costs of issuance related to the
certificates of obligation; and
WHEREAS, the Commissioners Court hereby finds and determines that the adoption of
this Resolution is in the best interests of the residents of the County; now, therefore,
BE IT RESOLVED BY THE COMMISSIONERS COURT OF CALHOUN COUNTY,
TEXAS:
SECTION 1. APPROVAL OF NOTICE OF INTENTION. Attached hereto as Exhibit
A is a form of the Notice oflntention to Issue Certificates of Obligation (the Notice), the form
and substance of which is hereby adopted and approved. The County Judge, County Clerk,
County Treasurer, County Auditor, and/or County Attorney or any of their respective designees,
are each authorized to make changes to the Notice as necessary prior to its publication and posting
as described in Sections 2 and 3 below.
SECTION 2. PUBLICATION OF NOTICE OF INTENTION IN NEWSPAPER. The
County Clerk shall cause the Notice to be published in substantially the form attached hereto in
The Port Lavaca Wave, being a newspaper (as defined by Subchapter C of Chapter 2051, as
amended, Government Code) that is hereby found and determined to be of general circulation in
the area of the County, on the same day in each of two consecutive weeks, the date of the first
publication thereof to be at least 46 days before the date tentatively set for the passage of the order
authorizing the issuance of such certificates of obligation as shown in the Notice (the Authorizing
Order).
SECTION 3. POSTING OF NOTICE OF INTENTION ON COUNTY'S WEBSITE.
The County Clerk shall further cause the Notice to be posted on the County's Internet website
beginning at least 45 days before, and continuing through, the date tentatively set for the passage
of the Authorizing Order, as shown in the Notice.
SECTION 4. REVOCATION OF CONFLICTING ACTION. All orders and
resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this
Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution
shall be and remain controlling as to the matters resolved herein.
SECTION 5. GOVERNING LAW. This Resolution shall be construed and enforced in
accordance with the laws of the State of Texas and the United States of America.
SECTION 6. SEVERABILITY. If any provision of this Resolution or the application
thereof to any person or circumstance shall be held to be inval_id, the remainder of this Resolution
and the application of such provision to other persons and circumstances shall nevertheless be
valid, and the Commissioners Court hereby declares that this Resolution would have been enacted
without such invalid provision.
SECTION 7. COMPLIANCE WITH OPEN MEETINGS ACT. It is officially found,
determined, and declared that the meeting at which this Resolution is adopted was open to the
public and public notice of the time, place, and subject matter of ·the public business to be
considered at such meeting, including this Resolution, was given, all as required by Chapter 551;
as amended, Texas Government Code.
SECTION 8. INCORPORATION OF RECITALS. The Commissioners Court hereby
finds that the statements set forth in the recitals of this Resolution are true and correct, and the
Commissioners Court hereby incorporates such recitals as a part of this Resolution.
SECTION 9. EFFECTIVE DATE. This Resolution shall become effective immediately
upon passage.
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PASSED AND APPROVED-BY THE COMMISSiONERS COURT, CALHOUN
COUNTY; TEXAS J\T A REGULARLY SCHEDULED MEETING HELD ON THE 24TH DAY
()f JULY, 2024.
CAL:HOUN COUNTY, TEXAS
· Attest:
· fllpnA. 11,,,:, dtL,.,, . __ . __ /It'!. , vvnrtt .. vY~-
-: County Clerk • . . . . .
Signature Page to Notice oflntention Res~lutfon Relating to
Calhoun County, Texas Certificates of Obligation, Series 2024
EXHIBIT A
CALHOUN COUNTY, TEXAS NOTICE OF INTENTION TO ISSUE
CERTIFICATES OF OBLIGATION
The Commissioners Court of Calhoun County, Texas (the "County") does hereby give
notice of intention to issue one or more series of Calhoun County, Texas Combination Tax and
Hospital Revenue Certificates of Obligation (the Certificates) in the maximum aggregate principal
amount not to exceed $30,000,000 for the purposes of paying, in whole or in part, contractual
obligations of the County to be incurred to: (1) construct, renovate, and otherwise improve County-
owned buildings, including the County-owned hospital (the Project), (2) purchase materials,
supplies, equipment, machinery, buildings, land, and rights-of-way for the Project; and (3) the
payment of professional services relating to the design, construction, project management, and
financing of the Project, including services by tax appraisal engineers, engineers, architects,
attorneys, auditors, mapmakers, financial advisors, and fiscal agents. The County proposes to
provide for the payment of such Certificates from the levy and collection of ad valorem taxes in the
County, within the limits prescribed by law, and from a lien on and pledge of "Surplus Revenues,"
if any, received by the County from the ownership and operation of the County owned hospital. The
current principal of all currently outstanding debt obligations of the County is $495,000, the
combined principal and interest required to pay all currently outstanding debt obligations of the
County on time and in full is $514,800, the estimated combined principal and interest required to
pay the proposed Certificates on time and in full is $49,990,575, the estimated interest rate for the
Certificates is 5.50% per annum, and the maximum maturity date of the proposed Certificates is
August 15, 2049. The Commissioners Court proposes to authorize the issuance of such Certificates
. at 10:00 a.m. on September 18, 2024, at a Regularly Scheduled Meeting to be held at Commissioners
Court located at the Calhoun County Courthouse, Commissioners Courtroom, located at 211 S. Ann
St., Suite 104, Port Lavaca, TX 77979, Texas (in the event the Commissioners Court will be unable
to meet at said location, the County will post information on its website for attending the meeting
at an alternate location, by telephone, teleconference, or other electronic means). The Certificates
are to be issued, and this notice is given, under and pursuant to the provisions of the Certificate of
Obligation Act of 1971 (Sections 271.041 through 271.064, as amended, Texas Local Government
Code), and Chapter 263, as amended, Health and Safety Code.
Isl Anna Goodman
County Clerk