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HomeMy WebLinkAboutResolution - 2022-R0506 - Intent to Issue and Finance Water and Wastewater Revenue BondsMINUTES AND CERTIFICATION PERTAINING TO PASSAGE OF A RESOLUTION STATE OF TEXAS COUNTY OF LUBBOCK CITY OF LUBBOCK On the 6th day of December, 2022, 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: Tray Payne, Mayor Shelia Patterson Harris, Mayor Pro Tern Christy Martinez -Garcia ) Mark W. Mcbrayer ) Steve Massengale ) Members of Dr. Jennifer Wilson ) the Council Latrelle Joy ) and all of said persons were present, except NSA , thus constituting a quorum. Whereupon, among other business, a written Resolution bearing the following caption was introduced: A RESOLUTION AUTHORIZING PUBLICATION AND POSTING OF NOTICES OF INTENTION TO ISSUE CITY OF LUBBOCK, TEXAS WATER AND WASTEWATER SYSTEM REVENUE BONDS AND COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION 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: 7 NOES: 0 ABSTENTIONS: 0 4150-2263-4562 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 6`I' day of December, 2022. -jr City Se etary City of Lubbock, Texas [SEAL] 4150-22634562 1 Resolution No. 2022 R 0506 December 6, 2022 Item No. 6.6 A RESOLUTION AUTHORIZING PUBLICATION AND POSTING OF NOTICES OF INTENTION TO ISSUE CITY OF LUBBOCK, TEXAS WATER AND WASTEWATER SYSTEM REVENUE BONDS AND COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION WHEREAS, the City of Lubbock, Texas (the "City"), pursuant to Chapter 1502, Texas Government Code, as amended, is authorized to issue its water and wastewater system revenue bonds (the "Bonds") for the purposes set forth in Exhibit A hereto; and WHEREAS, the City Council of the City has found and determined that a notice of intention to issue the Bonds should be published in accordance with the requirements of applicable law and the City's charter; and WHEREAS, 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 B hereto; and WHEREAS, the City Council of the City has found and determined that a notice of intention to issue the Certificates should be published and posted in accordance with the requirements of applicable law; 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 publish a notice of intention to issue the Bonds, in substantially the form set forth in Exhibit A hereto (the "Bond Notice") incorporated herein by reference for all purposes. The Bond Notice shall be published once a week for a period of thirty (30) days prior to the date set forth in the Bond Notice for passage of the ordinance authorizing the Bonds. Such Bond Notice shall be published in a newspaper of general circulation in the area of the City. Section 3. The City Secretary of the City is hereby authorized and directed to publish and post a notice of intention to issue the Certificates, in substantially the form set forth in Exhibit B hereto (the "Certificate Notice") incorporated herein by reference for all purposes. The Certificate Notice shall be published once a week for two consecutive weeks, the date of the first publication being not later than the forty-sixth (46`h) day before the date set forth in the Certificate Notice for passage of the ordinance authorizing issuance of the Certificates. Such Certificate Notice shall be published in a newspaper of general circulation in the area of the City. 4149-4201-6834 1 In addition, the Certificate Notice shall be posted continuously on the City's website for at least forty-five (45) days before the date set forth in the Certificate Notice for passage of the ordinance authorizing issuance of the Certificates. Section 4. For purposes of the Certificate Notice and Section 271.049(e), Texas Local Government Code, the City Council hereby designates the public securities identified in the attached Exhibit C as self-supporting (collectively, the "Self -Supporting Debt"), the debt service on which the City currently pays (and intends to continue paying) from sources other than ad valorem tax receipts. The City expects to continue to pay debt service on the Self -Supporting Debt from sources other than ad valorem tax receipts; however, in the event that such other sources are not budgeted in amounts sufficient to pay debt service in respect to the Self -Supporting Debt, the City may be required to levy and collect ad valorem taxes sufficient to offset any deficiency in the amounts provided by such other sources. Section 5. The Mayor, the City Manager, the Chief Financial Officer, the City Secretary and other officers and agents of the City are hereby authorized and directed to do any and all things necessary or desirable to carry out the provisions of this resolution. Section 6. This resolution shall take effect from and after the date of its passage. [Signature Page Follows.] 2 4149-4201-6834 1 Resolution No. 2022 R 0506 December 6, 2022 Item No. 6.6 ADOPTED THIS 6th day of December 2022, by the City Council of the City of Lubbock, Texas. CITY OF LUBBOCK, TEXAS TRAY PAfNEA4AYOR ATTEST: Rebe a Garza, City Secreta APPROVED AS TO CONTENT: D. B u K0 stefich, Chie Financial Officer APPROVED AS TO FORM: Jerry V. If y , Jr., Bond Counsel Signature Page for Notice of Intent Resolution 4149-4201-6834 1 Resolution No. 2022-RO506 Exhibit A NOTICE OF INTENTION TO ISSUE CITY OF LUBBOCK, TEXAS WATER AND WASTEWATER SYSTEM REVENUE BONDS NOTICE IS HEREBY GIVEN that on January 24, 2023, at 2:00 p.m. at a regular meeting of the City Council of the City of Lubbock, Texas, to be held in the City Council Chambers at Citizens Tower, 1314 Avenue K, Lubbock, Texas, the regular meeting place of the City Council, the City Council intends to pass one or more ordinances authorizing the issuance of not to exceed $17,500,000 total principal amount of water and wastewater system revenue bonds, in one or more series (collectively, the "Bonds"), for the following purposes, to wit: (i) paying the costs of acquiring, purchasing, constructing, improving, renovating, enlarging and equipping property, buildings, structures, facilities and related infrastructure for the Water and Wastewater System, (ii) funding capitalized interest for the Bonds, (iii) funding the reserve fund requirement for the Bonds, and (iv) paying the costs of issuing the Bonds. THIS NOTICE is given in accordance with law and as directed by the City Council of the City of Lubbock, Texas on December 6, 2022. A-1 4149-4201-6834 1 Resolution No. 2022-R 0506 Exhibit B NOTICE OF INTENTION TO ISSUE CITY OF LUBBOCK, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION NOTICE IS HEREBY GIVEN that on January 24, 2023, at 2:00 p.m. at a regular meeting of the City Council of the City of Lubbock, Texas, to be held in the City Council Chambers at Citizens Tower, 1314 Avenue K, Lubbock, Texas, the regular meeting place of the City Council, the City Council intends to pass one or more ordinances authorizing the issuance of not to exceed $18,750,000 total principal amount of certificates of obligation, in one or more series (collectively, the "Certificates"), bearing interest at any rate or rates not to exceed the maximum interest rate authorized by law, as shall be determined within the discretion of the City Council at the time of issuance of the Certificates, and maturing over a period of not to exceed twenty-one (21) years from their date of issuance, for the purpose of paying contractual obligations to be incurred for the following purposes, to wit: (i) improvements to the City's Solid Waste Disposal System (the "Project"), and (ii) payment of professional services of attorneys, financial advisors, engineers and other professionals in connection with the Project and the issuance of the Certificates. Said 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 said 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 Water and Wastewater System, such pledge of surplus net revenues being limited to $1,000. The estimated combined principal and interest required to pay the Certificates on time and in full is $26,595,872. Such estimate is provided for illustrative purposes only and is based on an assumed interest rate of 4.605%. Market conditions affecting interest rates vary based on numerous factors beyond the control of the City, and the City cannot provide any assurance regarding the rate of interest that the Certificates will bear upon their issuance. As of the date of this notice, the aggregate principal amount of outstanding public securities of the City secured by and payable from ad valorem taxes (excluding public securities secured by an ad valorem tax but designated by the City as self- supporting) is $218,411,812, and based on the City's expectations, as of the date of this notice, the combined principal and interest required to pay all of the outstanding public securities of the City secured by and payable from ad valorem taxes (excluding public securities secured by an ad valorem tax but designated by the City as self-supporting) on time and in full is $254,848,674. THIS NOTICE is given in accordance with law and as directed by the City Council of the City of Lubbock, Texas on December 6, 2022. B-1 4149-4201-6834.1 Resolution No. 2022-RnSM Exhibit C SELF-SUPPORTING DEBT Self -Supporting Public Securities Designated as Self -Supporting Principal Tax and Waterworks System Surplus Revenue Certificates of Obligation, Series 2013 $2,220,000 General Obligation Refunding and Improvement Bonds, Series 2013 $2,535,000 Tax and Waterworks System Surplus Revenue Certificates of Obligation, Series 2014 $7,510,000 General Obligation Refunding Bonds, Series 2014 $18,440,000 Tax and Waterworks System Surplus Revenue Certificates of Obligation, Series 2015 $58,730,000 General Obligation Refunding Bonds, Series 2015 $60,800,000 General Obligation Refunding Bonds, Taxable Series 2015 $21,450,000 Tax and Waterworks System Surplus Revenue Certificates of Obligation, Series 2016 $28,235,000 General Obligation Refunding Bonds, Series 2016 $19,430,000 General Obligation Refunding Bonds, Series 2016A $18,560,000 Tax and Waterworks System Surplus Revenue Certificates of Obligation, Series 2017 $26,250,000 Tax and Waterworks System Surplus Revenue Certificates of Obligation, Series 2017A $14,685,000 Tax Notes, Series 2017 $881,955 Tax and Waterworks System Surplus Revenue Certificates of Obligation, Series 2018A $7,330,000 Tax and Waterworks System Surplus Revenue Certificates of Obligation, Series 2018B $12,590,000 General Obligation Refunding Bonds, Series 2018 $59,360,000 Tax Notes, Series 2018 $566,388 Tax and Water and Wastewater System Surplus Revenue Certificates of Obligation, Series 2019 $18,650,000 General Obligation Refunding Bonds, Series 2019 $6,600,000 General Obligation Refunding Bonds, Taxable Series 2019A $26,665,000 Tax Notes, Series 2019 $2,014,552 Combination Tax and Revenue Certificates of Obligation, Series 2020 $6,650,000 General Obligation Refunding Bonds, Series 2020 $14,645,000 Tax Notes, Series 2020 $337,000 Combination Tax and Revenue Certificates of Obligation, Series 2021 $0 Combination Tax and Revenue Certificates of Obligation, Series 2021A $0 Tax Notes, Series 2021 $1,386,293 Tax Notes, Series 2022 $0 Total $436,521,188 C-1 4149-4201-6834.1 MINUTES AND CERTIFICATION PERTAINING TO PASSAGE OF A RESOLUTION STATE OF TEXAS § COUNTY OF LUBBOCK § CITY OF LUBBOCK § On the 6th day of December, 2022, 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: Tray Payne, Mayor Shelia Patterson Harris, Mayor Pro Tem Christy Martinez -Garcia ) Mark W. Mcbrayer ) Steve Massengale ) Members of Dr. Jennifer Wilson ) the Council Latrelle Joy ) and all of said persons were present, except N/A , thus constituting a quorum. Whereupon, among other business, a written Resolution bearing the following caption was introduced: RESOLUTION EXPRESSING INTENT TO FINANCE EXPENDITURES TO BE INCURRED 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: 7 NOES: 0 ABSTENTIONS: 0 4143-6806-0994 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 6th day of December, 2022. City S cretary City of Lubbock, Texas [SEAL] 4143-6806-0994.1