HomeMy WebLinkAboutMinutes - City Council - Special - 5/15/1981342
MAY 15 198,
SPECIAL CITY COUNCIL MEETING
May 15, 1981
11: 30 A. M.
The City Council of the City of Lubbock, Texas met for a Special City
Council Meeting Friday, May 15, 1981 at 11:30 A. M. in the City Council
Chambers, Second Floor, City Hall.
Those present: Mayor Bill McAlister, Mayor Pro Tem Alan Henry,
Councilman E. Jack Brown, Councilman M. J. Aderton,
Councilwoman Joan Baker, Assistant City Manager Jim
Blagg, City Attorney John C. Ross, Jr. and City
Secretary -Treasurer Evelyn Gaffga.
Those absent: City Manager Larry Cunningham
81-40-342-500 The invocation was given by Asst. City Manager Jim Blagg.
81-40-342-501 The Pledge of Allegiance to the Flag was given in unison by those present
in the Council Chambers.
ORDINANCES FOR PASSAGE
The motion was made by Mayor Pro Tem Henry and seconded by Councilwoman
Baker/Councilman Brown, simultaneously, to dispense with the reading of
the following ordinance in its entirety, inasmuch as the record reflects
this procedure was followed on April 23, 1981 and again on May 14, 1981.
Motion carried: Mayor McAlister, Mayor Pro Tem Henry, Councilmen Brown
and Aderton, and Councilwoman Baker voting Yea; None voting Nay.
81-40-342-502 ordinance No. 8195
Consider an ordinance on second reading authorizing the issuance of
$9,000,000 Electric Revenue Bonds, Series 1981
The motion was made by Councilwoman Baker, seconded by Mayor Pro Tem
Henry to pass Ordinance No. 8195 on second and final reading. Motion
carried: Mayor McAlister, Mayor Pro Tem Henry, Councilwoman Baker voting
Yea; Councilmen Brown and Aderton voting Nay.
ORDINANCE NO. 8195
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS,
AUTHORIZING THE ISSUANCE OF $9,000,000 "CITY OF LUBBOCK, TEXAS, ELECTRIC LIGHT
AND POWER SYSTEM
TEM REVENUE BONDS, SERIES 1981", FOR THE PURPOSE OF PROVIDING FUND
FOR MAKING IMPROVEMENTS AND EXTENSIONS TO THE CITY'S ELECTRIC LIGHT AND POWER
SYSTEM, i.e.IMPROVEMENTS AND EXTENSIONS TO THE TRANSMISSION AND DISTRIBUTION
FACILITIES, AS AUTHORIZ;D,.BY THE GENERAL LAWS OF THE STATE OF TEXAS, PARTICULAR
ARTICLE 1111, et seq.,.AND ARTICLE 236a, V.A.T.C,.S.:.PRF S CRIB ING- -TU,_- FORM
OF THE BONDS AND THE FORM OF THE INTEREST COUPONS;.PLEDQj-NG,--T1 1 _iENET_REVENUES OF
THE CITY'S ELECTRIC .LIGHT AND -.EO.WER--S-YSTEM-:.,TQ-THE---PAYTIENTI:-OF--T-,,HF 1j?Rjj-NCj_,PAL OF,-
AND INTEREST ON SIAD BONDS; AND ENACTING PROVISIONS INCIDENT AND RELATING TO
THE SUBJECT AND PURPOSE OF THIS ORDINANCE: AND PROVIDING AND EFFECTIVE DATE.
81-40-342-503 Consider a resolution.by the City Council of the City of Lubbock,
Texas, relating to procedures to be followed in the sale of $9,000,000
"City of Lubbock Texas, Electric Light and Power System Revenue Bonds,
Series 1981"; providing the forms of procedures and in substantial form all
instruments for said Series 1981 Bonds; stating the intent and desire of
the City Council to proceed with such Series 1981 expeditiously and as
appropriate within their discretion reserving the right to make corrections
and insubstantial and immaterial changes and modifications in all such
Series 1981 instruments to reflect the true facts, circumstances and dates at
time of ultimate execution, resolving other matters incident and related
to the purpose, including the filing of any action under the provisions
of Vernon'a Ann. Civ. Stat., Art. 717m-1; and providing an effective
date for this resolution.
Resolution No.808
Trial Attorney Jim Brewster apprised the Council that these documents
were essential in the validation procedures that will subsequently
343 i
MAY 15 198
JBP:bs
RF,qOT,TTTTON NO. 808
A RESOLUTION by the City Council of the City of Lubbock, Texas,
relating to procedures to be followed 'in the sale of $9,000,000 "City of
Lubbock, Texas, Electric Light and Power System Revenue Bonds, Series 1981"; providing
the forms of procedures and in substantial form all instruments for said Series 1981
Bonds; stating the intent and desire of the City Council to proceed with such Series
1981 expeditiously and as appropriate within their discretion; reserving the right
to make corrections and insubstantial and immaterial changes and modifications in
all such Series 1981 instruments to reflect the true facts, circumstances and dates
at time of ultimate execution, resolving other matters incident and related to the
purpose, including the filing of an action under the provisions of Vernon's Ann.Civ.St.,
art. 717m-1; and providing an effective date for this Resolution.
WHEREAS, this City Council has determined and does hereby determine that:
(1) It should proceed with the authorization of bonds to be known as "City of
Lubbock, Texas, Electric Light and Power System Revenue Bonds, Series 1981"; and,
(2) That it is necessary and expedient that the instruments and procedures
necessary to the accomplishment of such purpose be now defined so that same may be
subjected to judicial consideration, reserving the right to make all corrections,
modifications and changes necessary so that said instruments at the time ultimately
enacted, executed or delivered shall accurately reflect conditions at the time of
such enactment, execution or delivery, provided such corrections, modifications and
changes shall not substantially or materially effect the substance of the proposed
instruments; and,
(3) That a clear and concise declaration of the intentions and desires as to
such proposed Electric Revenue Bonds should be of record; and,
(4) That form of the Ordinance to be hereafter enacted setting all terms and
conditions of the Series 1981 Electric Revenue Bonds be provided; as well as prescribing
the form of notice to be published in accordance with Article VIII, Section 5 of the
City Charter and the form of notice of sale to be distributed to proposed bidders,
as well as all further instruments necessary to the sale and delivery of said Series
1981; and,
(5) It should institute an action under Vernon's Ann.Civ.St., art. 717m-1, in
order that all matters possible arising in connection with the issuance of Series
1981 Bonds may be validated and confirmed; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. That the recitals and determinations made in the preamble
hereof are found to be true and are adopted as the findings of this governing body.
SECTION 2. That this Council proposes to proceed as quickly as possible,
subject to the Judicial procedures contemplated hereby, with the sale and delivery
of $9,000,000.00 City of Lubbock, Texas, Electric Light and Power System Revenue
Bonds, Series 1981.
SECTION 3. That the City Attorney is directed to institute and file an
appropriate action, under the provisions of Vernon's Ann.Civ.St., art. 717m-1, to
approve and validate the bonds now sought to be issued and obtain appropriate relief
against the institution of suits which would or might prevent the carrying out of
the intent of the Council, all in the manner provided by said law.
SECTION 4. That this Council has already by this date, or alternatively,
hereafter proposes at the earliest possible and appropriate date, to enact in substantially
the form hereafter set forth, an Ordinance authorizing the issuance of $9,000,000
City of Lubbock, Texas, Electric Light and Power System Revenue Bonds, Series 1981;
said Ordinance being attached as Exhibit R-1 to this Resolution and to which attachment
reference is here made for all purposes.
SECTION 5. That the enactment of said aforesaid Ordinance shall be reflected
upon the minutes of the City Council of the City of Lubbock, Texas, and that there
be attached to all official copies of said ordinance when enacted utilized in the
bond processes a certificate of the City Secretary certifying that such Ordinance is
a true and correct copy of the enacted ordinance. The form of such certificate
shall be in substantially the form attached as Exhibit R-2 to this Resolution and to
which attachment reference is here made for all purposes.
SECTION 6. That in compliance with all requirements and policies in current
force prerequisite to the procedures for the issuance, sale and delivery of revenue
bonds, there shall be submitted a Report of Certified Public Accountant in substantially
the form as attached as Exhibit R-3 to this Resolution and to which attachment
reference is here made for all purposes.
SECTION 7. That this Council in compliance with charter requirements
proposes thereafter to issue and approve a notice of sale, which except for the date
and time of sale shall be in substantially the form attached as Exhibit R-4 to this
Resolution and to which attachment reference is here made for all purposes.
That such notice is the format of the notice which the City proposes to use in
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and published in the City of Lubbock.
That the date and time to be set in such notice for the receipt of bids w
be not less than 30 days following the date of the first publication; that the
of day established for the sale shall be between the hours of 9:00 A.M. and 4:
P.M.; that the City Council proposes to convene in open session, after
notice thereof has been given in compliance with Article 6252-17, V.A.T.C.S.
for the purpose of opening and considering bids or proposals for the
purchase of such bonds.
SECTION 8. That additionally this Council proposes to cause to
be distributed an Official Statement, Notice of Sale and bidding documents
in substantially the form attached as Exhibit R-5 to this Resolution and
to which attachment reference is here made for all purposes.
The Council reserves the right to cause such instrument to be
modified and amended to reflect at time of distribution current information
as to all matters included, but no changes of a substantial or material
nature at law are contemplated.
That said documents shall be distributed to investment bankers and
others who would normally submit proposals for the purchase of bonds of
the kind and character to be offered for sale and the City proposes to
cause such distribution to be made.
That prior to the distribution of said Notice of Sale and Bidding
Instructions, Official Bid Form and Official Statement, all as contained
in said instrument attached as Exhibit R-5, the Council will by resolution
approve the form and content of the above and authorize First Southwest
Company, Dallas, Texas, to distribute these said instruments to prospective
bidders for and purchaser of the Series 1981 Electric Revenue Bonds
which are the subject of this Resolution. The form of said Resolution
shall be substantially as reflected by the instrument attached hereto as
Exhibit R-6 to this Resolution and to which attachment reference is here
made for all purposes.
SECTION 9. That subsequent to the final enactment of the Ordinance
attached to this Resolution as Exhibit R-1, the Council hereby authorizes
and approves the execution by the officer indicated of a General Certificate
substantially in the form attached hereto as Exhibit R-7 to this Resolution
and to which attachment reference is here made for all purposes.
SECTION 10. That the Council directs, authorizes and approves
the execution, issuance and delivery at the appropriate time or times of
a Debt Service Requirement Schedule substantially in the form attached
hereto as Exhibit R-8 to this Resolution and to which attachment reference
is here made for all purposes.
SECTION 11. That the Council after receipt of bids, opening
thereof and acceptance of the best bid received, subject to the authority
of the Council to reject any or all bids, shall upon acceptance enact a
resolution substantially in the form reflected by Exhibit R-9 to this
Resolution and to which attachment reference is here made for all purposes.
It is by this instrument that the Council shall award the sale of the
said $9,000,000 "City of Lubbock, Texas, Electric Light and Power System
Revenue Bonds, Series 1981."
SECTION 12. That a certificate of the City Secretary certifying
that the resolution hereinabove identified as Exhibit R-9 is a true and
correct copy, shall be attached after enactment to such copies of said
resolution as may be required in satisfaction of the processes leading
to the approval, sale and delivery of said electric revenue bonds. The
form of said certificate shall be in substantially the form attached as
Exhibit R-10 to this Resolution and to which attachment reference is
here made for all purposes.
SECTION 13. That as of the date of sale of said bonds the Council
shall enact a Resolution approving the form and content of the Official
Statement.
SECTION 14. That the Council authorizes and directs that at the
appropriate time a Certificate as to Official Statement by the officer
named thereon substantially in the form reflected by instrument attached
to this Resolution as Exhibit R-11 and to which attachment reference is
here made for all purposes.
SECTION 15. That the Council further proposes, during the procedures
leading to ultimate sale and delivery of the $9,000,000 City of Lubbock,
Texas, Electric Light and Power System Revenue Bonds, Series 1981, to
utilize the additional instruments in substantially the forms attached
(which shall be current as of the date of execution) as follows:
(1) Treasurer's Receipt attached to this Resolution as Exhibit R-12 and
to which attachment reference is here made for all purposes; and,
ld
ime
(2) Signature and No -Litigation Certificate attached to this Resolution
as Exhibit R-13 and to which attachment reference is here made for
all purposes.
/ 0 \ AT- A _L Z -___ - - I - --- - L - - - - - - - - - - I - I . - . I . - I . . - � I
345
MAY 15 1981
SECTION 16. That the language of each instrument proposed to be uti-
lized as included in this Resolution, is in each instance adopted as part of
this Resolution and as the findings and determinations hereof. The Council
reserves the right to make appropriate corrections and insubstantial and
immaterial changes and modifications in all such instruments so that each will
reflect the true facts, circumstances and dates at the time of ultimate
execution.
SECTION 17. The City Secretary -Treasurer of the City of Lubbock,
Texas, is authorized and directed to prepare, execute and deliver, such
certificates as to the authenticity as may be subsequently required or
appropriate upon passage of this Resolution, or thereafter, of copies of
this Resolution or of any instrument attached as an exhibit to this
Resolution.
SECTION 18. That as to all documents and instruments above
proposed to be executed, submitted or delivered as set forth hereinabove,
the Council here reserves the right to complete the blanks provided
therein, correct clerical errors as may be discovered therein, and make
such other insubstantial and immaterial changes as may be necessary to
reflect changes of conditions not affecting the validity of the instruments,
prior to execution, submission or delivery, respectively. Council also
reserves the right to make such further and additional changes in said
instruments as may be suggested or required by the Attorney General of
the State of Texas, and such changes and modifications, if any, as may
be required or allowed by the eventual Judgment in the art. 717m-1
proceeding authorized by this Resolution.
SECTION 19, This Resolution shall be effected from and after its
passage.
PASSED BY THE CITY COUNCIL THIS 15TH DAY OF MAY, 1981.
/S/ Bill McAlister
BILL McALISTER, MAYOR
ATTEST:
/S/ Evelyn Gaffga
Evelyn Gaffga, City Secretary -Treasurer
APPROVED AS TO FORM:
/S/ John C. Ross, Jr.
City Attorney, City of Lubbock, Texas
There being no further business, the motion was made by Councilman
Brown, seconded by Councilwoman Baker to adjourn at 11:35 A. M. Motion
carried: Mayor McAlister, Mayor Pro Tem Henry, I Councilmen Brown and Aderton and
Councilwoman Baker voting Yea; none voting Nay.
BILL McALISTER, MAYOR
ATTEST:
Evelyn Gaffga, City Sec ary-Treasurer
READ AND APPROVED THIS 28th DAY OF MAY, 1981
F.20 raftl 01 M ON Z� 0 ANKSK M
ATTEST:
Evelyn Gaffga, City SecretaKy ', Treasurer