Commission Agenda Item No. 4
Exhibit A

A Resolution Authorizing a Request for Financing
for Repair and Replacement of Statewide Facilities
and the Execution and Delivery of Documents
Required to Effect Such Financing

Whereas, the Texas Public Finance Authority (the “Authority”) is authorized to issue general obligation bonds to finance the cost of certain projects for the use and benefit of the Texas Parks and Wildlife Department (“Agency”) pursuant to Article III, Section 50g, Texas Constitution; Chapter 1232, Texas Government Code; Article IX, Sec. 18.01, Appropriations of Proposition 4 General Obligation Bond Proceeds, pg ix-70, House Bill 1 (General Appropriations Act), 82nd Texas Legislature, R.S. (2011) (collectively, the “Authorizing Law”).

Whereas, the Agency desires and intends to request the Authority to finance the cost of the projects as permitted by the Authorizing Law; and

Whereas, the Agency recognizes that in order to finance the cost of the projects, the Authority may issue short-term obligations, general obligation bonds, either or both (“Obligations”) in an aggregate principal amount sufficient to finance project costs in the estimated amount of $32,350,000 plus the costs of issuance and related administrative costs, if any, which will be determined at the time of issuance; and

Whereas, pursuant to Article IX, Sec. 18.01, Appropriations of Proposition 4 General Obligation Bond Proceeds, pg ix-70 of House Bill 1 (2011), projects funded with bond proceeds are subject to approval of the Legislative Budget Board;

Whereas, the form of a Request for Financing, dated as of August 25, 2011, (the “Request for Financing”), from the Agency to the Authority, which includes a detailed description of the projects to be financed for the Agency (“Projects” herein) and a proposed expenditure schedule, is presently before the Texas Parks and Wildlife Commission.

Now Therefore Be It Resolved by the Texas Parks and Wildlife Commission that:

Section 1.  The purpose of the financing is to provide funds sufficient to complete the Projects, and the financing thereof is appropriate at this time.  Accordingly, the execution and delivery of the Request for Financing to the Authority pursuant to the Authorizing Law is hereby ratified, approved and confirmed.

Section 2.  The Executive Director of the Agency is hereby authorized, empowered and directed to:

a.   sign and deliver any and all documents necessary or desirable to effect the financing and provide the projects, which documents may include but not be limited to a Memorandum of Understanding and a Financing Agreement between the Agency and the Authority;

b.   cooperate with the Authority and its consultants to prepare an Official Statement in connection with the sale of the Obligations;

c.   and to take any other action necessary to assist in such sale.

Section 3.  All actions not inconsistent with provisions of this Resolution heretofore taken by the Agency, its officers, employees, agents or consultants, directed toward the financing of the Projects and the issuance of the Obligations, is hereby ratified, approved and confirmed.

Section 4.  The officers and employees of the Agency shall take all action in conformity with the Authorizing Law to effect the issuance of the Obligations and complete the Projects as provided in the Agreement and to take all action necessary or desirable or in conformity with the Authorizing Law for carrying out, giving effect to, and consummating the transactions contemplated by the Memorandum of Understanding, the Agreement, the Obligations, and the Request for Financing, including without limitation, the execution and delivery of any closing documents in connection with the closing of the Obligations.

Section 5.  The proposed Projects will be submitted to the Legislative Budget Board for its approval.

Section 6.  This Resolution was adopted at a meeting open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Ch. 551, Texas Government Code.

In official recognition of the adoption of this resolution in a lawfully called public meeting of the Texas Parks and Wildlife Commission, we hereby affix our signatures this 25th day of August 2011.

Commission Agenda Item No. 4
Exhibit B

“PROPOSED REPAIRS - NOTE: SUBJECT TO CHANGE; INDIVIDUAL PROJECTS MAY BE REPLACED BY SIMILAR PROJECTS BASED ON EMERGING NEEDS AND PRIORITIES.”