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HomeMy WebLinkAboutResolution - 2010-R0456 - Approving The Issuance Of Revenue Bonds - Hale Center Education Facilities Corp. - 09/27/2010Resolution No. 2010-RO456 September 27, 2010 Item No. 5.3 A RESOLUTION OF THE CITY OF LUBBOCK, TEXAS APPROVING THE ISSUANCE OF REVENUE BONDS, IN AN AMOUNT NOT TO EXCEED $39,000,000 BY THE HALE CENTER EDUCATION FACILITIES CORPORATION TO REFINANCE THE CAMPUS OF WAYLAND BAPTIST UNIVERSITY IN LUBBOCK WHEREAS, the Higher Education Facilities Authorities For Private Schools Act, Chapter 53A, Texas Education Code, as amended (the "Act"), authorizes and empowers Hale Center Education Facilities Corporation (the "'Issuer") on behalf of the City of Hale Center, Texas (the "City of Hale Center") to issue revenue bonds and loan the proceeds thereof to an institution of higher education to enable such institution to acquire, construct, enlarge, extend, repair, renovate, or otherwise improve education facilities or any facility incidental, subordinate, or related to or appropriate in connection with an educational facility, or for acquiring land to be used for those purposes, or to create operating and debt service reserves for and to pay issuance costs related to the bonds and to refinance any educational facility acquired, constructed, or improved; and WHEREAS, Wayland Baptist University, a Texas nonprofit corporation (the "University") intends to refinance debt, the proceeds of which were used to acquire, construct, and improve its Lubbock campus (the "Project"); and WHEREAS, the Project will be refinanced with proceeds of revenue bonds (the "Series 2010 Bonds") in an amount not to exceed $39,000,000, of which approximately $6,000,000 will be allocable to the Project, to be issued by the Issuer on behalf of the City of Hale Center; and WHEREAS, the Issuer has adopted a resolution; declaring its intention to issue the Series 2010 Bonds to provide all or a portion of the amounts necessary to refinance the Project; and WHEREAS, the Issuer has conducted a public hearing after reasonable public notice pursuant to section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), with respect to the Project and the Series 2010 Bonds, and a copy of the notice of such hearing and the minutes of such hearing are attached hereto as Exhibit A; and WHEREAS, the action of the Issuer with respect to the Project will create no liability for the City of Lubbock, Texas or its residents; and WHEREAS, it is hereby officially found and determined that the meeting at which this Resolution was passed was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS THAT: SECTION 1. APPROVING THE ISSUANCE OF THE SERIES 2010 BONDS. Solely to satisfy the requirements of section 147(f) of the Code, the City Council of the City of Lubbock, Texas hereby approves the issuance of the Series 2010 Bonds and authorizes the Mayor of the City of Lubbock to sign the Certificate of Approval; provided that the City of Lubbock, Texas shall have no payment or other obligations nor any liability in connection with the issuance of the Series 2010 Bonds or the refinancing of the Project and shall not be required to take any further action with respect thereto. SECTION 2. EFFECTIVE DATE. This Resolution shall be effective immediately upon passage. [The remainder of this page intentionally left blank] HOUSTON\2417439.1 2 PASSED AND APPROVED, this the 27th day of September , 2010. CITY OF LUBBOCK, TEXAS OM MARTIN, MAYOR ATTEST: Rebe Garza, City Secretary APPROVED AS TO FORM: 74Mhall White, ttorney HOUSTON\2417439.1 Resolution No. 2010-RO456 "Exhibit A" PUBLIC HEARING NOTICE REGARDING ISSUANCE OF BONDS A public hearing will be held at 6:30 p.m. on Monday, September 13, 2010, at the Hale Center City Hall, 702 North Main Street, Hale Center, Texas 79041. The item to be discussed will be the proposal for the issuance by the Hale Center Education Facilities Corporation (the "Issuer") of its non- recourse revenue bonds (the "Bonds") for the benefit of WAYLAND BAPTIST UNIVERSITY, a Texas nonprofit corporation (the "Borrower"). The proceeds of the Bonds will be used to finance acquisition of one city block of land and the construction, acquisition, and improvement of a 350 -bed, 90,000 square - foot men's dormitory located generally at 1800 West 8'h Street, Plainview, Texas 79072 (with $24,000,000 in proceeds of the Bonds) and to refinance the outstanding debt of the Borrower used to finance educational facilities and land, issued in the original principal amount, collectively, of $15,980,000, being (i) a 50,000 square foot student activity center, including recreational facilities, classrooms, and administrative offices located generally at 2204 West 7`h Street, Plainview, Texas 79072, (ii) a 45,000 square foot primary campus building for the Lubbock campus of the Borrower, including classrooms and administrative offices, generally located 801 North Quaker Avenue, Lubbock, Texas 79416, and (iii)(A) 6.475 acres of unimproved land located on IH -35 near O'Conner Road in San Antonio, Texas or more accurately described as City Block 14952, Lot 19A, Bexar County, Texas, (B) 7.9 acres of land located at Parkway 35 Drive and Landmark 35 Drive in Landmark Business Park, San Antonio, Bexar County, Texas, and (C) approximately 5.09 acres and an approximately 32,000 square foot classroom building and equipment located at 11550 IH -35, San Antonio, Texas 78233 (collectively, the "Facility"). WAYLAND BAPTIST UNIVERSITY will be the owner, manager, and operator of the Facility. The maximum aggregate principal amount of the proposed Bonds to be issued to finance and refinance the Facility is anticipated not to exceed $39,000,000. All interested persons are invited to submit written comments to the Issuer prior to the time set for the public hearing or attend the public hearing and express any comments they may have regarding the proposed Bonds. Hale Center Education Facilities Corporation 702 North Main Street Hale Center, Texas 79041 Exhibit "A" Resolution No. 2010—RO456 CERTTFICAIE OF PUBLIC HEARING I, the undersigned, hereby certify in connection with the issuance by the Hale Center Education Facilities Corporation (the "Corporation") of its revenue bonds (the `Bonds") for the purpose of loaning the proceeds of the Bonds to Wayland Baptist University (the "University") to refinance a 45,000 square foot primary campus building for the Lubbock campus of the University, including classrooms and administrative offices, generally located 801 North Quaker Avenue, Lubbock, Texas 79416 (the "Project"), among other things, as follows: 1. I served as Hearing Officer for the Corporation and the City Council of the City of Lubbock, Texas for the purpose of conducting a public hearing on the Bonds and the use of the proceeds thereof to provide a loan to the University to be used to finance the costs of the Project. 2. Such hearing was conducted commencing at 6:30 p.m. on September 13, 2010 at City Hall, 702 Main Street, Hale Center, Texas, which building and room were open to the public for purposes of the hearing. 3. At the time of commencement of the hearing, comments, either orally or in writing, were publicly requested on the Project, the Bonds, and the loan of the proceeds of the Bonds to the University to finance the costs of the Project. 4. At the hearing, kyJ no persons presented comments orally or in writing. [ ] the comments summarized hi Attachment 1 were made orally by the persons listed therein. [ ] the written comments attached hereto were presented. 5. No time limitations were imposed on any public comments. IN WITNESS WHEREOF, I have hereunto set my hand this September 13 '2010. Lanny Voss ' g fficer HOUSTOW418169.1