HomeMy WebLinkAboutResolution - 2005-R0334 - Intention To Amend Tax And Airport Surplus Revenue - 07/28/2005Resolution No. 2005-I2033
July 28, 2005
Item 15
A RESOLUTION RELATING TO THE GIVING OF NOTICE OF
INTENTION TO AMEND THE CITY'S ORDINANCE
AUTHORIZING THE ISSUANCE OF ITS TAX AND AIRPORT
SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES
1998, ISSUED IN THE AGGREGATE PRINCIPAL AMOUNT OF
$1,330,000, TO CHANGE THE PURPOSE FOR WHICH
PROCEEDS OF SUCH CERTIFICATES MAY BE SPENT
WHEREAS, the City of Lubbock, Texas (the "City"), pursuant to Subchapter C, Chapter
271, Texas Local Government Code, as amended (the "Act"), issued its Tax and Airport Surplus
Revenue Certificates of Obligation, Series 1998 (the "Certificates") for the purpose of paying
contractual obligations to be incurred for the purpose of expanding the north/south runway at the
Lubbock Preston Smith International Airport (the "Original Project");
WHEREAS, subsequent to the issuance of the Certificates but prior to the expenditure of
any of the proceeds, the federal funds anticipated and needed to complete the Original Project
were unavailable;
WHEREAS, it was and is not economically feasible or wise for the City to construct the
Original Project without the needed federal funds;
WHEREAS, the City Council of the City (the "City Council") has found and determined
that it is in the best interest of the City to expend the unspent Certificate proceeds for the purpose
of paying contractual obligations to be incurred for the purposes set forth in Exhibit A hereto;
WHEREAS, the City Council desires to amend the ordinance authorizing the issuance of
the Certificates (the "Ordinance") to change the purpose for which the Certificate proceeds may
be expended to provide that the unspent proceeds may be used for the purpose of paying
contractual obligations to be incurred for the purposes set forth in Exhibit A hereto; and
WHEREAS, the City Council has found and determined that a notice of intention to
amend the Ordinance to change the purpose for which Certificate proceeds may be spent should
be published in accordance with the publication requirements of the Act;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF LUBBOC& 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 issue a
notice of intention to amend the Ordinance in substantially the form set forth in Exhibit A hereto
incorporated herein by reference for all purposes. The notice as set forth in Exhibit A shall be
published once a week for two consecutive weeks, the date of the first publication being not less
than the fourteenth (14th) day prior to the date set forth in the notice for passage of the
amendment to the Ordinance. Such notice shall be published in a newspaper of general
circulation in the area of the City of Lubbock, Texas.
987305 1.DOC
Section 3. This resolution shall take effect from and after the date of its passage.
PRESENTED, FINALLY PASSED AND APPROVED, AND EFFECTIVE on the 28th
day of July, 2005, at a regular meeting of the City Council of the City of Lubbock, Texas.
ATTEST:
RE ECCA GARZA, City Secretaty
[SEAL]
987305_I.DOC
Resolution No. 2005-RO334
Exhibit A
NOTICE OF INTENTION TO AMEND THE ORDINANCE
AUTHORIZING THE ISSUANCE OF CITY_ OF LUBBOCK,
TEXAS, TAX AND AIRPORT SURPLUS REVENUE
CERTIFICATES OF OBLIGATION, SERIES 1998, ISSUED IN THE
AGGREGATE PRINCIPAL AMOUNT OF $1,330,000, TO
CHANGE THE PURPOSE FOR WHICH THE PROCEEDS OF
SUCH CERTIFICATES MAY BE SPENT
NOTICE IS HEREBY GIVEN that on August 25, 2005, the City Council of the City of
Lubbock, Texas, at 9:00 a.m. at a regular meeting of the City Council to be held in the City
Council Chambers at the Municipal Complex, 1625 13th Street, Lubbock, Texas, the regular
meeting place of the City Council, intends to amend the ordinance of the City which authorized
the issuance of its $1,330,000 Tax and Airport Surplus Revenue Certificates of Obligation,
Series 1998 (the "Certificates"), to change the purpose for which the proceeds of the Certificates
may be spent because the federal funds needed to construct a portion of the original runway
project for which the Certificates were issued are unavailable, making the runway project unwise
and economically unfeasible. The amendment will provide that the proceeds of the Certificates
may be spent to pay contractual obligations to be incurred to construct a parking lot for the
Lubbock Preston Smith Lubbock International Airport (the "Airport"). Said Certificates bear
interest at a rate which does not exceed 5.50% per annum, have a final maturity date of February
15, 2008, and are 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 this series of 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 a subordinate pledge of the surplus revenues of the
Airport.
THIS NOTICE is given in accordance with law and as directed by the City Council of the
City of Lubbock, Texas.
GIVEN THIS July 28, 2005.
987305 1.DOC
/s/ Rebecca Garza
City Secretary
City of Lubbock, Texas