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HomeMy WebLinkAboutResolution - 2009-R0458 - Notice Of Intent To Issue Certificates Of Obligation - 11/05/2009Resolution No. 2009-80458 November 5, 2009 Item No. 5.3 A RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND WATERWORKS SYSTEM SURPLUS REVENUE CERTIFICATES OF OBLIGATION 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; and 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; 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. Section 3. This resolution shall take effect from and after the date of its passage. 124964v.1 LUB2O0/1 ADOPTED THIS 5th day of November, 2009, by the City Council of the City of Lubbock, Texas. CITY OF LUBBOCK, TEXAS Mayor, City of Lubbock, Texas ATTEST: City, ecretary, City of Lubbock, exas APPROVED AS TO CONTENT: Xt" Chief FinIncial Officer, City of Lubbock, Texas APPROVED AS TO FORM: AVrney Signature Page for Notice of Intent Resolution 124964v.1 LUB200/1 Resolution No_ 2009-RO458 Exhibit A NOTICE OF INTENTION TO ISSUE CITY OF LUBBOCK, TEXAS COMBINATION TAX AND WATERWORKS SYSTEM SURPLUS REVENUE CERTIFICATES OF OBLIGATION NOTICE IS HEREBY GIVEN that on December 16, 2009, the City Council of the City of Lubbock, Texas, at 7:30 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 pass an ordinance authorizing the issuance of not to exceed $19,945,000 principal amount of certificates of obligation for the purpose of paying contractual obligations to be incurred for the following purposes, to wit: (i) construction of a raw water transmission line, pump station and water treatment plant improvements to enable Lake Alan Henry to serve as a water supply for the City (the "Project") and (ii) payment of professional services of attorneys, financial advisors 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 forty (40) 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 Subehapter C, Chapter 271, Texas Local Government Code, as amended, and from the surplus net revenues of the City's Waterworks System, THIS NOTICE is given in accordance with law and as directed by the City Council of the City of Lubbock, Texas on November 5, 2009. A-1 124964v.1 LUB200/1