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HomeMy WebLinkAboutResolution - 2015-R0043 - Notice Of Intention To Issue Tax And Waterworks Revenue - 02/12/2015Resolution No. 2015-R0043 February 12 2015 Item No. 5.4 A RESOLUTION AUTHORIZING PUBLICATION OF NOTICES OF INTENTION TO ISSUE TAX AND WATERWORKS SYSTEM SURPLUS REVENUE CERTIFICATES OF OBLIGATION AND ELECTRIC LIGHT AND POWER SYSTEM REVENUE BONDS WHEREAS, the City of Lubbock, Texas (the "City"), pursuant to Subchapter C, Chapter 271, Texas Local Government Code, as amended, is authorized to issue its certificates of obligation (the "Certificates") for the purpose of paying contractual obligations to be incurred for the purposes set forth in Exhibit A hereto; WHEREAS, the City Council of the City has found and determined that a notice of intention to issue certificates of obligation should be published in accordance with the requirements of applicable law; WHEREAS, the City also intends to issue electric light and power system revenue bonds (the "Revenue Bonds") to fund acquisition, construction, improvement, renovation, enlarging and/or equipping of property, buildings, structures, facilities, and/or related infrastructure for Lubbock Power & Light; and WHEREAS, the City Council has found and determined that a notice of intention to issue revenue bonds should be published in accordance with the provisions of the City Charter; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS, THAT: Section 1. The findings and determinations set forth in the preambles hereto are hereby incorporated by reference for all purposes. Section 2. The City Secretary of the City is hereby authorized and directed to issue a notice of intention to issue the Certificates in substantially the form set forth in Exhibit A hereto incorporated herein by reference for all purposes. The notice as set forth in Exhibit A shall be published once a week for two consecutive weeks, the date of the first publication being not less than the day before the thirtieth (30th) day prior to the date set forth in the notice for passage of the ordinance authorizing the Certificates. Such notice shall be published in a newspaper of general circulation in the area of the City of Lubbock, Texas. Section 3. The City Secretary of the City is hereby authorized and directed to issue a notice of intention to sell Revenue Bonds in substantially the form set forth in Exhibit B hereto incorporated herein by reference for all purposes. The notice as set forth in Exhibit B shall be published once a week for a period of thirty (30) days prior to the date set forth in the notice for passage of the ordinance authorizing the Revenue Bonds. Such notice shall be published in a newspaper of general circulation in the area of the City of Lubbock, Texas. Section 4. This resolution shall take effect from and after the date of its passage. [Signature page follows] HOU:3515915.1 Resolution No. 2015-R0043 February 12, 2015 Item No. 5.4 ADOPTED THIS 12th day of February, 2015, by the City Council of the City of Lubbock, Texas. CITY OF LUBBOCK. TEXAS MAYOR ATTEST: Rebe t6arza, City Secretary APPROVED AS TO CONTENT: Pamela Moon, Executive Director of Finance APPROVED AS TO FORM: C)(1 - Jerry . Kyle, Jr., Bond Counsel Signature Page for Notice of Intent Resolution HOU:3515915.1 Resolution No. 2015-R0043 Exhibit A NOTICE OF INTENTION TO ISSUE CITY OF LUBBOCK, TEXAS TAX AND WATERWORKS SYSTEM SURPLUS REVENUE CERTIFICATES OF OBLIGATION NOTICE IS HEREBY GIVEN that on March 26, 2015, the City Council of the City of Lubbock, Texas, at 2:30 p.m. at a regular meeting of the City Council to be held in the City Council Chambers at the Municipal Complex, 1625 13th Street, Lubbock, Texas, the regular meeting place of the City Council, intends to pass one or more ordinances authorizing the issuance of not to exceed $128,000,000 total principal amount of one or more series of certificates of obligation (the "Certificates") for the purpose of paying contractual obligations to be incurred for the following purposes, to wit: (i) construction, improvement, renovation and equipment of a new City Hall and acquisition of land, buildings and other facilities related thereto; (ii) improvements and renovations to the existing City Hall; (iii) construction, improvement, renovation and equipment of police department facilities and acquisition of land, buildings and other facilities related thereto; (iv) construction, improvement, renovation and equipment of public works facilities at Municipal Hill; (v) improvements and extensions to City streets, including sidewalks, street lighting, traffic signals/controllers and traffic signal communication systems, signage, landscaping, utility improvements, extensions, relocations and acquisition of land and rights-of-way in connection therewith; (vi) design, relocation and upgrading of public utility infrastructure in the Central Business District; (vii) park and recreation system improvements; (viii) renovations and improvements to public libraries; (ix) radio system upgrades; (x) renovations and improvements to the Lubbock Preston Smith International Airport facilities, including runway improvements; (xi) construction, improvement and equipment of fire department facilities; (xii) construction, improvement and equipment of a new emergency operations center; (xiii) animal shelter expansion; (xiv) communication system expansion, including installation of fiber communication equipment; (xv) improvements, renovations, replacements, relocations and extensions to the City's Wastewater System, including Northwest Water Reclamation Plant and South Lubbock Sanitary Sewer Expansion; (xvi) improvements, renovations, replacements, relocations and extensions to the City's Waterworks System (collectively, with items (i)-(xv), the "Project") and (xvii) payment of professional services of attorneys, financial advisors, engineers and other professionals in connection with the Project and the issuance of the Certificates. The Certificates shall bear interest at a rate or rates not to exceed the maximum rate allowed by law and shall have a maximum maturity date of not later than 21 (twenty-one) years after their date. The Certificates shall be payable from the levy of a direct and continuing ad valorem tax, levied within the limits prescribed by law, against all taxable property within the City sufficient to pay the interest on the Certificates as due and to provide for the payment of the principal thereof as the same matures, as authorized by Subchapter C, Chapter 271, Texas Local Government Code, as amended, and from all or a part of the surplus net revenues of the City's Waterworks System, such pledge of surplus net revenues being limited to $1,000. THIS NOTICE is given in accordance with law and as directed by the City Council of the City of Lubbock, Texas on February 12, 2015. A-1 HOU:3515915.1 Resolution No. 2015- R0043 Exhibit B NOTICE OF INTENTION TO ISSUE CITY OF LUBBOCK, TEXAS ELECTRIC LIGHT AND POWER SYSTEM REVENUE BONDS On the 26th day of March, 2015, during its regular meeting scheduled to begin at 2:30 p.m. in the City Council Chambers at the Municipal Complex, 1625 13th Street, Lubbock, Texas, the City Council of the City of Lubbock, Texas, plans to pass one or more ordinances authorizing the issuance and sale of electric light and power system revenue bonds in one or more series in the maximum total principal amount not to exceed $15,000,000 to acquire, purchase, construct, improve, renovate, enlarge, and/or equip property, buildings, structures, facilities, and/or related infrastructure for Lubbock Power & Light. A complete description of the bonds being authorized may be obtained from the Finance Department, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457; or from RBC Capital Markets, 200 Crescent Court, Suite 1500, Dallas, Texas 75201, Financial Advisors to the City. THIS NOTICE is given in accordance with law and as directed by the City Council of the City of Lubbock, Texas on February 12, 2015. B-1 HOU:3515915.1 Resolution No. 2015-R0043 MINUTES AND CERTIFICATION PERTAINING TO PASSAGE OF A RESOLUTION STATE OF TEXAS COUNTY OF LUBBOCK CITY OF LUBBOCK On the 12th day of February, 2015, the City Council of the City of Lubbock, Texas, convened in a regular meeting at the regular meeting place thereof, the meeting being open to the public and notice of said meeting, giving the date, place and subject thereof, having been posted as prescribed by Chapter 551, Texas Government Code, as amended; and the roll was called of the duly constituted officers and members of the City Council, which officers and members are as follows: Glen C. Robertson, Mayor Victor Hernandez ) Karen Gibson, Mayor Pro Tem Floyd Price ) Members of Jeff Griffith ) the Council Jim Gerlt ) Latrelle Joy ) James Loomis, City Manager Pamela Moon, Executive Director of Finance Rebecca Garza, City Secretary Council Members Hernandez & and all of said persons were present, except �, thus constituting a quorum. Whereupon, among other business, a writtee6nlesolution bearing the following caption was introduced: A RESOLUTION AUTHORIZING PUBLICATION OF NOTICES OF INTENTION TO ISSUE TAX AND WATERWORKS SYSTEM SURPLUS REVENUE CERTIFICATES OF OBLIGATION AND ELECTRIC LIGHT AND MZU15:4SAV691M 3uI90;kV 0 tins *s)�IIN The Resolution, a full, true and correct copy of which is attached hereto, was read and reviewed by the City Council. Thereupon, it was duly moved and seconded that the Resolution be passed and adopted. The Presiding Officer put the motion to a vote of the members of the City Council, and the Resolution was passed and adopted by the following vote: AYES: 5_ NOES: &- ABSTENTIONS: 2— HOU:3515915.1 MINUTES APPROVED AND CERTIFIED TO BE TRUE AND CORRECT, and to correctly reflect the duly constituted officers and members of the City Council of said City, and the attached and following copy of said Resolution is hereby certified to be a true and correct copy of an official copy thereof on file among the official records of the City, all on this the 12th day of February, 2015. Rebecc Garza, City Secretary City of Lubbock, Texas [SEAL] -2- HOU:3515915.1