HomeMy WebLinkAboutResolution - 6194 - Authorize Publication Of Notice Of Sale - Refunding Bonds - 02_11_1999Resolution No. 6194
Item No. 35
February 11, 1999
RESOLUTION NO. 6194
A RESOLUTION approving and authorizing publication of notice of sale with
respect to refunding bonds.
WHEREAS, the City Council of the City of Lubbock, Texas, has determined to issue
refunding bands to refund the City's obligation underthe Meredith Supply Agreement between the
City and the Canadian River authority and, in connection therewith, the sale of such bonds is to
be advertised in a newspaper once a week for a period of 30 days; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: The
City Secretary is hereby authorized and directed to cause a notice of sale relating to the sale of
refunding bonds to be published once a week for a period of thirty (30) days; such notice of sale
to read substantially in the form and content of Exhibit A hereto attached and incorporated herein
by reference as a part of this resolution for all purposes.
PASSED AND APPROVED, this February 11, 1999.
CITY OF LUBBOCK, TEXA
ATTEST:
4ayLorjj�
Ci y etary
(City Seal)
752925.1
Exhibit A
NOTICE OF SALE
$12, 300, 000
City of Lubbock, Texas, Tax and Waterworks System Surplus
Revenue Refunding Bonds, Series 1999
On the 8th day of April, 1999, the City Council of the City of Lubbock, Texas, plans to sell
the above referenced bonds during its regular meeting scheduled to begin at 10:30 o'clock A.M..
A complete description of the Bonds being offered for sale, togetherwith the terms of sale,
security for their payment and financial information and operating data about the City appear in
an Official Notice of Sale, Bidding Instructions and an Official Statement, which can be
obtained from the Division of Finance, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457;
or from First Southwest Company, 1700 Pacific Avenue, Suite 500, Dallas, Texas 75201,
Financial Consultants to the City.
Kaythie Damell
City Secretary
City of Lubbock, Texas
752925.1
CERTIFICATE OF THE CITY OF LUBBOCK, TEXAS
We, the undersigned, the Mayor and the City Secretary of the City of Lubbock,
Texas (the "City"), hereby certify the following information:
1. This certificate is executed and delivered with reference to the issuance of
$17,450,000 Canadian River Municipal Water Authority Contract Revenue Refunding
Bonds, Series 1999 (Bureau of Reclamation Prepayment Project) (the "Bonds") and the
Agreement Between the Canadian River Municipal Water Authority and the City of Lubbock
for the Prepayment of the Obligations to the United States of America Incurred in
Connection with the Construction of the Canadian River Project (the "Prepayment
Agreement").
2. Pursuant to a resolution passed by the City Council of the City on January
28, 1999, we officially executed and signed the Prepayment Agreement on behalf of the
City, and our signatures are set forth below.
3. No litigation of any nature has been filed or is now pending concerning the
title or authority of the officers of the City or concerning the Prepayment Agreement, and
that so far as we know and believe no such litigation is threatened.
4. On the date of the approval of the Prepayment Agreement, and our execution
thereof, and through the date of this Certificate, we were the duly authorized and qualified
Mayor and City Secretary of the City.
5. The City received a Notice from the Canadian River Municipal Water
Authority that the Prepayment Agreement of the City and all other Member Cities of the
Authority were in full force and effect prior to the issuance of the Bonds.
6. The City has complied with any applicable provisions of its City Charter in
entering into the Prepayment Agreement with the Authority.
7. The City has agreed to the timetable for the issuance of the Bonds and has
notified the Authority that the City will provide its own funds for its portion of the Project,
provided that the closing of the Authority's Bonds take place after May 17, 1999.
8. The Attorney General of the State of Texas is hereby authorized to date this
Certificate as of the date of approval of the Bonds and is entitled to rely upon the accuracy
of the information contained herein unless notified by telephone or telecopy to the contrary.
Dated. -
DO NOT DATE
Windy Sitt , Mayor
City of Lubbock; Texas
I
Kayth e Darnell, City Secretary
City of Lubbock, Texas
(CITY SEAL]
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
Before me, the undesigned, a Notary Public, on this day personally appeared Windy
Sitton and Kaythie Darnell, known to me to be the Mayor and City Secretary, respectively,
for the City of Lubbock, Texas, and who in my presence each executed this instrument
before me in the capacity represented and each of said person's signature is genuine.
GIVEN UNDER
L
MY HAND AND SEAL OF OFFICE, this the , f day of
1999.
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Notary Public, State of Texas
2
Resolution No. 6190-
Item No. 35
February 11, 1999
CERTIFICATE OF CITY SECRETARY
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
CITY OF LUBBOCK §
I, the undersigned, City Secretary of the City of Lubbock, Texas, DO HEREBY
CERTIFY as follows:
1. On the 11th day of February, 1999, a regular meeting of the City Council
of the City of Lubbock, Texas, was held at a meeting place within the City; the duly
constituted members of the Council being as follows:
WINDY SITTON MAYOR
MAX L. INCE ) MAYOR PRO TEM
ALEX "TY" COOKE )
VICTOR HERNANDEZ }
T. J. PATTERSON ) COUNCILMEMBERS
DAVI D NELSON )
MARC McDOUGAL )
and all of said persons were present at said meeting, except the following:
Councilmember Marc McDougal. Among other business considered at said meeting,
the attached resolution entitled:
"A RESOLUTION approving and authorizing publication of notice of sale
with respect to refunding bonds."
was introduced and submitted to the Council for passage and adoption. After
presentation and due consideration of the resolution, and upon a motion being made by
Councilmember Ince and seconded by Councilmember McDougal, the resolution was
finally passed and adopted by the Council to be effective immediately by the following
vote:
6 voted "For" 0 voted "Against" 0 abstained
all as shown in the official Minutes of the Council for the meeting held on the aforesaid
date.
2. The attached resolution is a true and correct copy of the original on file in
the official records of the City; the duly qualified and acting members of the City Council
of said City on the date of the aforesaid meeting are those persons shown above and,
according to the records of my office, advance notice of the time, place and purpose of
the meeting was given to each member of the Council; and that said meeting and the
deliberation of the aforesaid public business was open to the public and written notice of
said meeting, including the subject of the above entitled resolution, was posted and
given in advance thereof in compliance with the provisions of V.T.C.A. Government
Code, Chapter 551, as amended.
IN WITNESS THEREOF, I have hereunto signed my name officially and affixed
the seal of said City, this the 11th day of February, 1999.
City Se tary, City of Lubbock, Texas
(City Seal)
Bickerstaff, Heath, Smiley, Pollan, Kever & McDaniel, L.L.P.
1700 Frmf Hank Plaza 816 Congress Avenue Austin, 7pcas 787012443 (11)473-8021 Pax (612):320-5638 wxrcbickrestaff.cum
April 16, 1999 Dallas Office
(214) 752-8021
Ms. Anita Burgess
City Attorney
City of Lubbock
City Hall
1625 134h Street
Lubbock, TX 79401
Re: Canadian River Municipal Water Authority Contract Revenue Refunding
Bonds, Series 1999 (Bureau of Reclamation Prepayment Project)
Dear Anita:
Enclosed are five copies of a certificate that we need the Mayor and City Secretary
to execute and have notarized so that we may submit it to the Attorney General.
On April 14, 1999, the Board of the Canadian River Municipal Water Authority (the
"Authority") authorizedthe issuanceof its Contract Revenue Refunding Bonds, Series 1999
for the purpose of prepaying the obligation to the United States. In connection with the
issuance of the bonds and the approval of the bonds by the Attorney General, we are
required to provide a certificate for each city that is a member of the Authority stating that
the city has approved the Prepayment Agreement, that the agreement is in effect,
identification of the persons signing the agreement and verification of signature, and that
no litigation is pending or threatened concerning the agreement. These are the same
elements that were in the certificate we provided to you for the Desalinization Project.
There is also an additional matter found in item 7 wherein the City represents that it has
agreed to the passage of the Authority's resolution authorizing the issuance of the bonds
and that the closing on the bonds will be after May 17, 1999. The certificate itself should
not be dated; however, the notary should date his or her notarization.
Please complete all copies of the certificate and return them to me at the following
address:
Thomas M. Pollan
Bickerstaff, Heath, Smiley, Pollan, Kever & McDaniel, LLP
816 Congress, Suite 1700
Austin, TX 78701-2443
Ms. Anita Burgess
April 16, 1999
Page 2
For your convenience, I have enclosed a prepaid Federal Express mailer. If Federal
Express is not convenient, please send it by United States Postal Service Express Mail.
Please call me if you have any questions concerning this matter. Our toll -free
telephone number is 800-749-6646.
Very truly yours,
Thomas M. Pollan
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Enclosures
M. Mr. John C. Williams
General Manager
Canadian River Municipal Water Authority