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HomeMy WebLinkAboutResolution - 2013-R0081 - Authorize Public Notice Of Intent To Issue Tax And Waterworks System, GO Bonds - 02/28/2013Resolution No 2013-R0081 February 28, 2013 Item No 5.3 MINUTES AND CERTIFICATION PERTAINING TO PASSAGE OF A RESOLUTION STATE OF TEXAS § COUNTY OF LUBBOCK § CITY OF LUBBOCK § On the 28th day of February, 2013, 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: Glen C. Robertson, Mayor Victor Hernandez Karen Gibson, Mayor Pro Tem Floyd Price Todd R. Klein Jim Gerlt Latrelle Joy Lee Ann Dumbauld, City Manager Pamela Moon, Executive Director of Finance Rebecca Garza, City Secretary and all of said persons were present, except Whereupon, among other business, a written Resolution bearing introduced: } Members of the Council } thus constituting a quorum. the following caption was A RESOLUTION AUTHORIZING PUBLICATION OF NOTICES OF INTENTION TO ISSUE TAX AND WATERWORKS SYSTEM SURPLUS REVENUE CERTIFICATES OF OBLIGATION, GENERAL OBLIGATION BONDS AND ELECTRIC LIGHT AND POWER SYSTEM REVENUE BONDS 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: L NOES: 0 ABSTENTIONS: 0 HOU:3281805.3 MINUTES APPROVED AND CERTIFIED TO BE TRUE AND CORRECT, and to correctly reflect the duty 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 28th day of February, 2013. [SEAL] Rebec a Gana, City Secret City of Lubbock, Texas -2- Resolution No. 2013-R Q01A February 28, 2013 Item No .'J 3 A RESOLUTION AUTHORIZING PUBLICATION OF NOTICES OF INTENTION TO ISSUE TAX AND WATERWORKS SYSTEM SURPLUS REVENUE CERTIFICATES OF OBLIGATION, GENERAL OBLIGATION BONDS AND ELECTRIC LIGHT AND POWER SYSTEM REVENUE BONDS WHEREAS, the City of Lubbock, Texas (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 A hereto; WHEREAS, the City Council of the City has found and determined that a notice of intention to issue certificates of obligation should be published in accordance with the requirements of applicable law; WHEREAS, the City also intends to issue general obligation bonds (the "General Obligation Bonds') to fund various public improvements and, if determined to be in the best interests of the City, to refund outstanding obligations of the City to achieve debt service savings; WHEREAS, the City also intends to issue electric light and power system revenue bonds (the "Revenue Bonds") to fund acquisition, construction, improvement, renovation, enlarging and/or equipping of property, buildings, structures, facilities, and/or related infrastructure for Lubbock Power & Light and, if determined to be in the best interests of the City, to refund outstanding electric light and power system revenue bonds; and WHEREAS, the City Council has found and determined that notices of intention to issue general obligation bonds and revenue bonds should be published in accordance with the provisions of the City Charter; 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 issue a notice of intention to issue the Certificates 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 day before the (30th) day prior to the date set forth in the notice for passage of the ordinance authorizing the Certificates. Such notice shall be published in a newspaper of general circulation in the area of the City of Lubbock, Texas. HOU:32818053 Section 3. The City Secretary of the City is hereby authorized and directed to issue a notice of intention to sell General Obligation Bonds in substantially the form set forth in Exhibit B hereto incorporated herein by reference for all purposes. The notice as set forth in Exhibit B shall be published once a week for a period of thirty (30) days prior to the date set forth in the notice for passage of the ordinance authorizing the General Obligation Bonds. Such notice shall be published in a newspaper of general circulation in the area of the City of Lubbock, Texas. Section 4. The City Secretary of the City is hereby authorized and directed to issue a notice of intention to sell Revenue Bonds in substantially the form set forth in Exhibit C hereto incorporated herein by reference for all purposes. The notice as set forth in Exhibit C shall be published once a week for a period of thirty (30) days prior to the date set forth in the notice for passage of the ordinance authorizing the Revenue Bonds. Such notice shall be published in a newspaper of general circulation in the area of the City of Lubbock, Texas. Section 5. This resolution shall take effect from and after the date of its passage. [Signature page follows] -2- HOU:328180S.3 ADOPTED THIS 28th day of February, 2013, by the City Council of the City of Lubbock, Texas. • :• /0./� ATTEST: Reb Qca Gana, City Secretary APPROVED AS TO CONTENT: IZWJa 06r-� Pamela Moon, Executive Director of Finance APPROVED AS TO FORM: OL Jerry Kyle, Jr., Bond Counsel Signature Page for Notice oflntent Resolution HOU:3281805.3 Resolution No. 2013-Rm Exhibit A NOTICE OF INTENTION TO ISSUE CITY OF LUBBOCK, TEXAS TAX AND WATERWORKS SYSTEM SURPLUS REVENUE CERTIFICATES OF OBLIGATION NOTICE IS HEREBY GIVEN that on April 11, 2013, the City Council of the City of Lubbock, Texas, at 3:00 p.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 pass one or more ordinances authorizing the issuance of not to exceed $64,800,000 total principal amount of one or more series of certificates of obligation (the "Certificates") for the purpose of paying contractual obligations to be incurred for the following purposes, to wit: (i) animal shelter expansion; (ii) improvements and extensions to City streets, including sidewalks, street lighting, traffic signals/controllers, signage, landscaping, utility improvements, extensions, relocations and acquisition of land and rights-of- way in connection therewith; (iii) park and recreation system improvements; (iv) radio system upgrades; (v) improvements, relocations and extensions to the City's wastewater system; (vi) improvements, relocations and extensions to the City's storm water facilities and infrastructure (collectively, with items (i) -(v), the "Project") and (vii) payment of professional services of attorneys, financial advisors, engineers and other professionals in connection with the Project and the issuance of the Certificates. The Certificates shall bear interest at a rate not to exceed fifteen percent (15%) per annum and shall have a maximum maturity date of not later than 21 (twenty-one) years after their date. 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 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 all or a part of the surplus net revenues of the City's Waterworks System, such pledge of surplus net revenues being limited to $1,000. THIS NOTICE is given in accordance with law and as directed by the City Council of the City of Lubbock, Texas on February 28, 2013. A-1 EOU:32818053 Resolution No. 2013-R (M Exhibit B NOTICE OF INTENTION TO ISSUE CITY OF LUBBOCK, TEXAS GENERAL OBLIGATION BONDS On the 11 th day of April, 2013, during its regular meeting scheduled to begin at 3:00 p.m., in the City Council Chambers at the Municipal Complex, 1625 13th Street, Lubbock, Texas, the City Council of the City of Lubbock, Texas, plans to pass one or more ordinances authorizing the issuance and sale of (i) general obligation bonds in the maximum amount not to exceed $9,000,000 to fund various public improvements and (ii) general obligation bonds in a maximum amount to be determined by the City Council on such date to refund outstanding obligations of the City. A complete description of the bonds being authorized may be obtained from the Finance Department, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457; or from RBC Capital Markets, 200 Crescent Court, Suite 1500, Dallas, Texas 75201, Financial Advisors to the City. THIS NOTICE is given in accordance with law and as directed by the City Council of the City of Lubbock, Texas on February 28, 2013. B-1 HOU:3281805.3 Resolution No. 2013-R_QD1\ Exhibit C NOTICE OF INTENTION TO ISSUE CITY OF LUBBOCK, TEXAS ELECTRIC LIGHT AND POWER SYSTEM REVENUE BONDS On the 11th day of April, 2013, during its regular meeting scheduled to begin at 3:00 p.m. in the City Council Chambers at the Municipal Complex, 1625 13th Street, Lubbock, Texas, the City Council of the City of Lubbock, Texas, plans to pass one or more ordinances authorizing the issuance and sale of (i) electric light and power system revenue bonds in the maximum amount not to exceed $29,600,000 to acquire, purchase, construct, improve, renovate, enlarge, and/or equip property, buildings, structures, facilities, and/or related infrastructure for Lubbock Power & Light and (ii) electric light and power system revenue bonds in a maximum amount to be determined by the City Council on such date to refund outstanding electric light and power system revenue bonds. A complete description of the bonds being authorized may be obtained from the Finance Department, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457; or from RBC Capital Markets, 200 Crescent Court, Suite 1500, Dallas, Texas 75201, Financial Advisors to the City. THIS NOTICE is given in accordance with law and as directed by the City Council of the City of Lubbock, Texas on February 28, 2013. C-1 HOU:3281805.3