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HomeMy WebLinkAboutResolution - 2019-R0066 - Principal Forgiveness Agreement - 02/25/2019Resolution No. 2019- R0066 February 25, 2019 Item No. SJ6.1 A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF A PRINCIPAL FORGIVENESS AGREEMENT BETWEEN. THE TEXAS WATER DEVELOPMENT BOARD AND THE CITY OF LUBBOCK, TEXAS, AND AN ESCROW AGREEMENT RELATING THERETO. WHEREAS, the Texas Water Development Board (the "TWDB") adopted Resolution No. 19-009 on January 22, 2019 (the "TWDB Resolution") making a commitment to provide financial assistance to the City of Lubbock, Texas, (the "City") in the amount of $20,635,000 from the Clean Water State Revolving Fund to finance water and wastewater system improvements; and WHEREAS, in connection with such commitment, the TWDB determined that the City qualifies for a subsidy as a disadvantaged community and agreed, pursuant to the TWDB Resolution, to provide a loan in the amount of $20,635,000 to the City (evidenced by the issuance of $19,635,000 "City of Lubbock, Texas, Water and Wastewater System Revenue Bonds, Series 2019" authorized pursuant to an ordinance adopted on the date hereof) and further agreed that $1,000,000 will be forgiven upon execution of a Principal Forgiveness Agreement; and WHEREAS, the City Council hereby finds and determines that (1) the Principal Forgiveness Agreement between the City and the TWDB substantially in the form and content of Exhibit A attached hereto and (2) the Escrow Agreement substantially in the form and content of Exhibit B attached hereto should be approved and authorized to be executed. 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 form of Principal Forgiveness Agreement between the TWDB and the City attached hereto as Exhibit A and incorporated herein for all purposes is hereby approved for and on behalf of the City as to form and content, and such agreement in substantially the form and substance attached hereto, together with such changes or revisions as the Mayor and/or the City Secretary may deem necessary to accomplish the financing contemplated, is hereby authorized to be executed by the Mayor for and on behalf of the City and as the act and deed of this City Council; and such Principal Forgiveness Agreement as executed by such officials shall be deemed approved by this City Council and constitute the agreement herein approved. Section 3. Upon receipt, the principal forgiveness proceeds shall be deposited in an account to be maintained by The Bank of New York Mellon Company, National Association (the "Escrow Agent") and held in escrow pending written authorization to release such moneys. The Escrow Agreement between the Escrow Agent and the City attached hereto as Exhibit B and incorporated herein for all purposes is hereby approved for and on behalf of the City as to form and content, and such agreement in substantially the form and substance attached hereto, together with such changes or revisions as the Mayor and/or City Secretary may deem necessary to accomplish the financing contemplated, i.s hereby authorized to be executed by the Mayor fdr and on behalf of the City and as the act and deed of this City Council; and such Escrow Agreement as 4135-1054-6202.1 executed by such officials shall be deemed approved by this City Council and constitute the Escrow Agreement herein approved. Section 4. The City Council hereby authorizes the execution and delivery of any and all other documents related to the Principal Forgiveness Agreement including any required documents, instruments or certificates related to obtaining the principal forgiveness. Section 5. 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 6. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. 4135-1054-6202A Resolution No. 2019-R 006— February 25, 2019 Item No. &_1-6 1 ADOPTED THIS 25" day of February, 2019, by the City Council of the City of Lubbock, Texas. CITY OF LUBBOCK, TEXAS DANIEL M. POPE, MAYOR ATTEST: Reb cca Garza, City Sec etary APPROVED AS TO CONTENT: D. B u Kostel'ch, Chief Financial Officer APPROVED AS TO FORM: 1 Jerry V. Kyl Or., Bond Counsel Signature Page for Resolution Authorizing Principal Forgiveness Agreement 4135-1054-6202.1 Resolution No. 2019- u nn66 Exhibit A PRINCIPAL FORGIVENESS AGREEMENT 4135-1054-6202.1 Exhibit B ESCROW AGREEMENT Resolution No. 2019-g006 4135-1054-6202.1 MINUTES AND CERTIFICATION PERTAINING TO PASSAGE OF A RESOLUTION STATE OF TEXAS COUNTY OF LUBBOCK CITY OF LUBBOCK On the 25th day of February, 2019, 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: Daniel M. Pope, Mayor Juan A. Chadis ) Jeff Griffith, Mayor Pro Tern Shelia Patterson Harris ) Members of Latrelle Joy ) the Council Steve Massengale ) Randy Christian ) Shelia Patterson and all of said persons were present except uamis , thus constituting a quorum. Whereupon, among other business, a written Resolution bearing the following caption was introduced: A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF A PRINCIPAL FORGIVENESS AGREEMENT BETWEEN THE TEXAS WATER DEVELOPMENT BOARD AND THE CITY OF LUBBOCK, TEXAS, AND AN ESCROW AGREEMENT RELATING THERETO. 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: 6 NOES: 0 ABSTENTIONS: 0 4139-8766-1338.1 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 25th day of February, 2019. Citj Secretary City Lubbock, Texas [SEAL] 4139-8766-1338.1