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HomeMy WebLinkAboutResolution - 2024-R0475 - 2015 General Obligation Refunding Bonds - 10/08/2024MINUTES 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 8th day of October, 2024. City Secretary City of Lubbock, Texas [SEAL] Signature Page Certificate for Resolution Authorizing Redemption of General Obligation Bonds, Series 2015 4149-5846-1523.1 RESOLUTION AUTHORIZING REDEMPTION OF CERTAIN OF THE CITY'S OUTSTANDING BONDS WHEREAS, the City of Lubbock, Texas (the "City") has heretofore issued its General Obligation Refunding Bonds, Series 2015 (the "Outstanding Bonds"), and the City has reserved the right to redeem the Outstanding Bonds prior to their stated maturity; and WHEREAS, the City Council of the City (the "City Council") desires (i) to redeem a portion of such Outstanding Bonds (the "Redeemed Bonds") prior to their stated maturity in the amount and on the date(s) (the "Redemption Date") set forth in Schedule I and (ii) to make due provision for the payment of the redemption price of the Redeemed Bonds by depositing with the paying agent/registrar for the Redeemed Bonds (the "Paying Agent/Registrar"), current funds in an amount sufficient to provide for the full and timely payment of all principal of, premium, if any, and interest on the Redeemed Bonds on their Redemption Date; NOW, THEREFORE, BE IT RESOLVED AND ORDER�D BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: 1. Definitions. Capitalized terms used in this Resolution have the same meaning assigned to such terms in the ordinance (the "Ordinance") authorizing the issuance of the Outstanding Bonds, except as otherwise indicated in this Resolution. 2. Redemption of Bonds. The City Council hereby orders that the Redeemed Bonds be redeemed on the Redemption Date; and, the Mayor, City Manager and Chief Financial Officer of the City, each individually, are hereby authorized and directed to determine the Redemption Date and take all necessary and appropriate action to effect such redemption and to provide or cause to be provided notice of redemption to the bondholders and the Paying Agent/Registrar, as required by the Ordinance. In addition, the City Council hereby ratifies and approves all action taken by the Mayor, City Manager and Chief Financial Officer of the City to effect such redemption and to provide or cause to be provided notice of redemption to the Owners and the Paying AgendRegistrar, as required by the Ordinance. 3. Notice of Redemption. The Mayor, City Manager and Chief Financial Officer of the City and any other employee or agent of the City, each individually, are hereby authorized and directed to issue notice to the Paying AgendRegistrar, in the form of Exhibit A attached hereto, instructing and directing the Paying AgentlRegistrar to redeem the Redeemed Bonds and provide notice to bondholders, information repositories and any other notice parties in accordance with the Ordinance. 4129-8984-71212 4. Deposit with Payin�A eg nt/Re is� trar• The City shall deposit funds with the Paying Agent/Registrar in an amount sufficient to pay the redemption price and interest accrued on the Redeemed Bonds on the Redemption Date not later than the Business Day next preceding the Redemption Date. Upon the deposit of such funds with the Paying Agent/Registrar, due provision shall have been made with the Paying Agent/Registrar for the payment in full and discharge of the Redeemed Bonds. The City Council's election to exercise the City's right to redeem the Redeemed Bonds and direction to provide notice of redemption of such bonds shall be irrevocable upon the earlier of (i) the City's transfer of lawfully available funds in an amount sufficient to redeem the Redeemed Bonds pursuant to this section and (ii) the date on which notice of redemption of the Redeemed Bonds is disseminated to bondholders or submitted to an information repository. Related Matters; Power to Revise Form of Documents. (a) The Mayor, City Manager and Chief Financial Officer of the City and all other appropriate officers, agents and representatives of the City are hereby authorized and directed to take all other actions determined to be reasonably necessary to effect the redemption of the Redeemed Bonds, including, without limitation, (i) execution and delivery of all instructions, notices, certificates, consents, receipts and other instruments as may be reasonably necessary to effect the redemption of the Redeemed Bonds in accordance with this Resolution and the Ordinance, (ii) approving and effecting the disbursement, transfer and application of funds of the City consistent with the provisions of this Resolution and (iii) approving payment of expenses incurred in connection therewith, including the fees and disbursements of the City's legal counsel and consultants. (b) Notwithstanding any other provision of this Resolution to the contrary, the Mayor, the City Manager and the Chief Financial Officer of the City are each hereby authorized to make or approve such revisions, additions, deletions and variations to this Resolution and in the form of the documents attached hereto as exhibits as, in the judgment of each such official or officer and in the opinion of the City's legal counsel, may be necessary or convenient to carry out or assist in carrying out the purposes of this Resolution. 6. Open Meetin� It is hereby officially found and determined that the meeting at which this Resolution was adopted was open to the public, and public notice of the time, place, and purpose of said meeting was given, all as required by the Open Meetings Law, Chapter 551, Texas Government Code, as amended. 7. Effective Date. This Resolution shall be in full force and effect from and upon its adoption. 2 ►riza:i�:isr��ia 8. Severabilitv. If any section, paragraph, clause, or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause, or provision shall not affect any of the remaining provisions of this Resolution. 9. Repealer. All orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent of such inconsistency. [Signature page follows.J CIi�'�3i:��►li�i�� ADOPTED THIS 8'h day of October 2024, by the City Council of the City of Lubbock, Texas. ATTEST: COURTNEY PAZ, City [SEAL] APPROVED AS TO CONTENT: AR MCBRAYER, Mayor By: CHERYL OCK, Interim Chief Financial Officer APT'ROVED AS TO FORM: C By: JERRY V. Y E, JR., Bond Counsel Schedule I— Outstanding Bonds Called for Redemption Exhibit A— Form of Instruction Letter to Paying Agent [Signature Page to Resolution] 4129-89R4-7121 2 SCHEDULEI OUTSTANDING BONDS CALLED FOR REDEMPTION Original Dated Date 4/15/2015 4/15/2015 City of Lubbock, Texas General Obligation Refunding Bonds, Series 2015 Original Principal Amount Maturity Date Amount Called for CUSIP No. �February 15) Outstandin� Redemption 549188TC4 2026 $12,295,000 $30,000 549188TD2 2027 12,380,000 30,000 Schedule I-1 Redemption Date and Redemption Price 2/ 15/2025 @ Par 2/15/2025 @ Par 4129-8984-7121 2 EXHIBIT A FORM OF INSTRUCTION LETTER TO PAYING AGENT CITY OF LUBBOCK, TEXAS P.O. Sox 2000 Lubbock, Texas 79547 [DATE] BOKF, NA 5956 Sherry Lane, Suite 900 Dallas, Texas 75225 Re: City of Lubbock, Texas General Obligation Refunding Bonds, Series 2015 (the "Bonds") Ladies and Gentlemen: The City of Lubbock, Texas (the "City") has elected to exercise its option to redeem a portion of the Bonds identified in Schedule I hereto (the "Redeemed Bonds") prior to their stated maturity. As paying agenUregistrar for the Bonds, you are instructed to provide notice of redemption of the Redeemed Bonds in accordance with the ordinance that authorized issuance of the gonds. Please sign and return the enclosed counterpart of this letter to acknowledge your receipt of this letter. CITY OF LUBBOCK TEXAS By: Name: Title: Receipt Acknowledged this day of , 20 BOKF, NA By:_ Name: Title: Exhibit A-1 Schedule I Redeemed Bonds City of Lubbock, Texas Original Dated Date 4/ 15/2015 4/15/2015 General Obligation Refunding Bonds, Series 2015 Originai Principal Amount Maturity Date Amount Called for CUSIP No. �February 151 Outstandin� Redemption 549188TC4 2026 $12,295,000 $30,000 549188TD2 2027 12,380,000 30,000 Redemption Date and Redemption Price 2/15/2025 @ Par 2/15/2025 @ Par Exhibit A-2 INCUMBENCY CERTIFICATE The undersigned, W. Jarrett Atkinson, City Manager of the City of Lubbock, Texas (the "City"), hereby certifies that the duly elected or appointed, qualified and acting officers of the City on the date hereof are identified on Exhibit A attached hereto, including their specimen signatures and titles, and each such signature opposite the respective name and title is a true specimen of the respective individual's signature. IN WITNESS WHEREOF, I have hereunto set my hand as of this 8`h day of October, 2024. CITY OF LUBBOCK, TEXAS � � W. rrett Atkinson, City Manager 4123-9207-1763 I Exhibit A Specimen Signatures of Authorized Officers Name Title Mark McBrayer Mayor Courtney Paz City Secre 4123-9207-1763.1 Snecimen Si�nature