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HomeMy WebLinkAboutResolution - 2009-R0459 - Authorizing Publication Of Notice Of Intent To Issue Certificates Of Obligation - 11/05/2009Resolution No. 2009-Rfl459 November 5, 2009 Item No. 5.4 A RESOLUTION AUTHORIZING PUBLICATION OF NOTICES OF INTENTION TO ISSUE GENERAL OBLIGATION BONDS AND 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; 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 desires to reimburse itself for the costs associated with the projects listed on Exhibit A hereto (the "Certificate Projects") from the proceeds of the Certificates to be issued subsequent to the date hereof; WHEREAS, in addition to the Certificates, the City intends to issue general obligation bonds (the "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 Council has found and determined that a notice of intention to issue general obligation 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. 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 Bonds. Such notice shall be published in a newspaper of general circulation in the area of the City of Lubbock, Texas. US 124878v.1 Section 4. The City reasonably expects to reimburse itself for all costs that have been or will be paid subsequent to the date that is 60 days prior to the date hereof and that are to be paid in connection with the Certificate Projects, from proceeds of the Certificates. Section 5. The City reasonably expects that the maximum principal amount of the Certificates issued to reimburse the City for the costs associated with the Certificate Projects will not exceed $168,000,000. Section 6. This resolution shall take effect from and after the date of its passage. -2- US 124878v.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: �Q4-0-"' �' City Secretary, City of Lubbock, xas APPROVED AS TO CONTENT: lk Chief Financial Officer, City of Lubbock, Texas APPROVED AS TO FORM: Atto ey -3- US 124878v.1 Resolution No. 2009-RO459 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 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 $168,000,000 principal amount of certificates of obligation 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; (ii) improvements and renovations to the City's Municipal Drainage Utility System; (iii) improvements, replacements, relocations and extensions to the City's Waterworks System including acquisition and construction of a raw water transmission line, pump stations, reservoir and water treatment plant and related improvements to enable Lake Alan Henry to serve as a water supply for the City; (iv) improvements and extensions to City streets including sidewalks, street lighting, traffic signals/controllers, landscaping, utility improvements, extensions, relocations and acquisition of land and rights-of-way in connection therewith; (v) improvements and extensions to the City's Electric System, including installation of distribution lines, renovations and relocations of existing distribution lines; (vi) renovations and improvements to the Lubbock Preston Smith International Airport facilities; (vii) improvements, relocations and extensions to the City's Wastewater System including water reclamation plant improvements (collectively, with items (i) -(vi), the "Project") and (viii) 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 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 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. TRIS 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 US 124878v.1 Resolution No. 2009--RO459 Exhibit B NOTICE OF INTENTION TO ISSUE CITY OF LUBBOCK, TEXAS GENERAL OBLIGATION BONDS On the 16th day of December, 2009, during its regular meeting scheduled to begin at 7:30 a.m., the City Council of the City of Lubbock, Texas, plans to pass an ordinance authorizing the sale of (i) general obligation bonds in the maximum amount not to exceed $24,600,000 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. The meeting will be held in the City Council Chambers at the Municipal Complex, 1625 13th Street, Lubbock, Texas. A complete description of the bands being authorized may be obtained from the Division of Finance, City of Lubbock, P.O. Box 2000, Lubbock, Texas 79457, or from RBC Capital Markets, 2711 N. Haskell Avenue Cityplace, Suite 2500, Dallas, Texas 75204, Financial Advisors to the City. B-1 US 124878v.1 Resolution No. 2009—RO459 City of Lubbock, TX Finance Department 2010 Certificates of Obligation Project Listing Airport Airport Facility Improvements $ 275,000 Replace Passenger Loading Bridges 5,800,000 Total Airport 6,075,000 Gateway Projects Indiana Avenue — 103`d to FM 1585 11,576,000 Total Gateway Projects 11,576,000 Lubbock Power And Light Overhead Distribution 2,250,000 Underground Distribution 3,000,000 Total Lubbock Power And Light 5,250,000 Central Business District TIF Public Utility Engineering and Coordination 250,000 Total Central Business District TIF 250,000 North Overton TIF Right of Way Acquisition 1,971,671 GGB East 480,000 Total North Overton TIF 2,451,671 Solid Waste Cell Development 350,000 Leachate Pond Landfill 69 311,250 Total Solid Waste 661,250 Storm Water Street Maintenance Program 9,065,980 Northwest Lubbock and Maxey Park 1,500,000 McAlister Park Cut and Fill Master Plan 25,000 Total Storm Water 10,590,980 Wastewater Sewer Tap Replacement 650,000 Water Reclamation Plant Replacements 300,000 Northwest Water Reclamation Plant 2,000,000 Sewer Extensions ahead of Gateway Projects 1,211,970 Total Wastewater 4,161,970 Water Pumping System Improvements 384,485 Water Meter Replacements 1,000,000 LAH Raw Water Line/Pump Stations 49,872,081 LAH Water Treatment Plant & Terminal Reservoir 66,400,000 Total Water 117,656,566 Total Certificates Of Obligation $ 158,673,437 City of Lubbock, TX Finance Department 2010 General Obligation Bonds Project Listing City Facilities Municipal Auditorium Renovation Civic Center Renovation Mahon Library Total 2004 bond Election Traffic Signal Upgrades 34th Street - University Avenue to Avenue Q (U.S. 84) 34th Street - Indiana Avenue to University Avenue Quaker Avenue - 98th to 114th 114th Street - University Avenue to Slide Road (FM 1730) Milwaukee & 98th Street Fire Station #16 - 114th Street and Quaker Avenue Fire Station #18 - 66th Street and Oakridge Avenue Total 2009 Bond Election Total General Obligation Bonds 4,500,000 1,450,000 1,895,000 7,845,000 725,000 1,800,000 2,100,000 7,750,000 480,000 750,000 2,500,000 250,000 16,355,000 $ 24,200,000