The URL can be used to link to this page

Home My WebLink AboutResolution - 1211 - Approve Issuance Of Bonds - LIDC - Ryder Truck Lines Inc. Project - 09/23/1982r. * RESOLUTION 1211 - 9/23/82 See: Reso. 1143,.7/22/82 I,__. - _�ITY SECRETARY -TREASURER I RESOLUTION APPROVING RESOLUTION BY THE LUBBOCK INDUSTRIAL DEVELOPMENT CORPORATION PROVIDING FOR THE ISSUANCE -OF LUBBOCK INDUSTRIAL DEVELOPMENT CORPORATION VARIABLE RATE DEMAND INDUSTRIAL DEVELOPMENT REVENUE BONDS (RYDER TRUCK.LINES, INC. PROJECT) SERIES 1982 WHEREAS, the Lubbock Industrial Development Corpora- tion- (the "Issuer") was created by the City of Lubbock, Texas (the "Unit") pursuant to the provisions of the Development Corporation Act of 1979, Article 5190.6, Vernon's Texas Civil Statutes, as amended (the "Abt"); and WHEREAS, it is deemed necessary and advisable that this Resolution be adopted; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK THAT: Section 1. The Resolution Authorizing Lubbock Industrial Development Corporatiori-Variable Rate Demand Industrial Development Revenue Bonds (Ryder Truck Lines, - Inc. Project) Series 1982; an Installment Sale Agreement; an Indenture of Trust; a Deed of Trust and Collateral Assignment; a Placement Agreement; and Other Matters in Connection Therewith, adopted by the Issuer on September 15, 1982 (the "Resolution"), a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby specifically approved. Section 2. The approval herein given -is in. accordance with the provisions of Section 25(f) of the Act and is not to be construed as any undertaking by the Unit, and such bonds shall never contitute an indebtedness or pledge of the Unit, or the State of Texas, within the meaning of any constitutional or statutory provision, and the holder of such bonds shall never be paid in whole or in part out of any funds raised or to be raised by taxation or any other revenues of the Issuer, the Unit, or the State of Texas except those revenues assigned)and pledged by the Resolution. Section 3. The programs and expenditures authorized and contemplated by the aforesaid documents are hereby in all respects approved. Section 4. The Mayor and City Secretary of the City of Lubbock, Texas, and the other officers of the City of Lubbock, Texas, are hereby authorized, jointly and severally to execute and deliver such endorsements, instru- ments, certificates, documents, or. papers necessary and advisable to carry out the intent and purposes of this Resolution. PASSED AND APPROVED this September 23, 1982 f Mayor ATTEST:- Alf,& C S cre �rlr�vtIL (SEAT,) —2— RESOLUTION 1211 - 9/23/82 See: Reso. 1143, 7/22782 4f GENERAL CERTIFICATE THE STATE OF TEXAS f I COUNTY OF LUBBOCK I The undersigned, Mayor and City Secretary of the City of Lubbock, Texas (the "Unit".),- do hereby certify as follows: 1. This Certificate is executed with reference to that series of bonds styled "Lubbock Industrial Development Corporation Variable Rate Demand Industrial Development Revenue Bonds (Ryder Truck Lines, Inc.Project) Series 1982," in the principal amount of $400;000 (the „Bonds"). 2. The Unit is a body politic and corporate, a municipal corporation and a home rule city created, existing, and operating under the Constitution and the laws of the State of Texas and the city charter duly adopted by qualified electors of the Unit, exercising all powers granted or reserved thereunder. 3. The Lubbock Industrial Development Corpora- tion (the "Issuer") was created and authorized to act on behalf of the Unit, and the Articles of Incorporation and. the Bylaws of the Issuer were approved, by resolution of the Unit, dated'March 13, 1980. 4. On June 1, 1981, and at all times since that date, the following persons have duly constituted the officers of the Unit: Name Office Bill McAlister Mayor Alan Henry Councilmember M. J. Aderton Councilmember E. Jack Brown Councilmember Joan Baker Councilmember S. The Unit, by written resolution dated July 22, 1982, has approved a Resolution Concerning Issuance of Bonds to Finance a Project for Ryder Truck Lines, Inc. adopted by the Issuer on July 7, 1982, and by written 0 resolution dated September 23, 1982., has specifically approved the issuance of the Bonds and the documents relating thereto in the amount and for the purpose set forth therein and such resolution has not been amended, annulled, rescinded, or revoked and remains in full force and effect on the date hereof. 6. The Unit has approved all programs and expen- ditures of the Issuer in connection with the issuance of the Bonds and the transactions contemplated thereby. 7. No litigation is pending against the Unit.or, to the best of .my knowledge, threatened' against the- Unit: (i) to restrain or enjoin the issuance or delivery of the Bonds; or in any way contesting (a) the right and power of the Unit in connection with any action taken by it towards the creation of the Issuer or the issuance of the Bonds or (b) the titles of the current officers of the. Unit to their respective offices. On June 1, 1981, and at all times since that date, Evelyn Gaffga has been the duly elected, qualified, and acting City Secretary of the Unit_,whose signature appearing on the following certificate is true and•genuine. SIGNED AND SEALED PHIS September 23, 1982 r • Mayor (SEAL) I, the City Secretary of the City of Lubbock, Texas, hereby certify that Bill McAlister is the duly elected, qualified, and acting Mayor of the Unit whose signature appearing above is true and genuine. City Seer -2- CERTIFICATE FOR RESOLUTION APPROVING RESOLUTION BY THE LUBBOCK INDUSTRIAL DEVELOPMENT CORPORATION PROVIDING FOR THE ISSUANCE OF LUBBOCK INDUSTRIAL DEVELOPMENT CORPORATION VARIABLE RATE DEMAND INDUSTRIAL DEVELOPMENT REVENUE BONDS (RYDER TRUCK LINES, INC. PROJECT) SERIES 1982 I, the undersigned, City Secretary of the City of Lubbock, Texas (thv "Unit"), do hereby certify as follows: 1. The . City Council ( the "Governing Body") of the Unit convened in regular session at Lubbock,.Texas, on September 23, 1982 (.the "Meeting"), at the designated meeting place, and the roll was called of the duly -constituted members of the Governing Body, to -wit:. Bill McAlister Mayor Alan Henry Council Member M. J. Aderton Council Member C. Jack Brown Council Member _ Joan Baker Council Member All of such persons were present, -..except: the following ab- sentees: None absent thus constituting a quorum. Whereupon a written: . No. 1211 - 9/23/82 RESOLUTION BY THE LUBBOCK INDUSTRIAL DEVELOPMENT CORPORATION PROVIDING FOR THE ISSUANCE OF LUBBOCK INDUSTRIAL DEVELOPMENT CORPORATION VARIABLE RATE DEMAND INDUSTRIAL DEVELOPMENT REVENUE BONDS (RYDER TRUCK LINES, INC. PROJECT) (SERIES 19 82) (the "Resolution") was duly moved and seconded and, after due discussion, said motion, carrying with it the adoption of the Resolution, prevailed and carried by the following votes: AYES: 5 NOES: -0- 2. A true, full and correct copy of the Resolution is attached to and follows this Certificate; the Resolution has been duly recorded in the minutes of the Meeting; the above and foregoing paragraph is a true, full, and correct excerpt from the minutes of the Meeting pertaining to the adoption of the Resolution; the persons named in the above and foregoing paragraph are the duly elected, qualified, and acting members of the Governing Body; each of such members was duly and sufficiently notified officially and personally, in advance, of the time, place;. and purpose of the Meeting, and that the Resolution would be introduced and considered for adoption at the Meeting, and each of such members con- sented, in advance, •to the holding of the Meeting for such purpose; and the Meeting was open to the public, and public notice of the time, place, and purpose of. the Meeting was given, all as required by Article 6252-17, Vernon's Texas Civil Statutes, as amended. SIGNED AND SEALED this September 23, 1982 . City Seceeftf (SEAL) -2— F1 1150 CONNECTICUT AVE„N. W. WASHINGTON, 0. C. 20036 TELEPHONE (202)4r.2-6800 TELEX 89-2602 AMERICAN BANK TOWER, SUITE 1740 221 WEST SIXTH STREET AUSTIN, TEXAS 78701 TELEPHONE (512) 474-5201 FULBRIGHT & JAWORSKI BANK OF THE SOUTHWEST BUILDING HOUSTON, TEXAS 77002 TELEPHONE (713) 6S1-5151 TELEX 76-2629 IN DALLAS DUMAS. HUGUENIN, BOOTHMAN 6 MORROW 1509 MAIN STREET DALLAS, TEXAS 75201 TELEPHONE (214) 741-3458 October 5, 1982 Re: Lubbock Industrial Development Corporation Industrial Development Revenue Bonds (Ryder Truck Lines, Inc. Project) Series 1982 ---------------------------------------- Ms. Evelyn Gaffga City Secretary City of Lubbock 916 Texas Avenue P. O. Box 2000 Lubbock, Texas 79457 Dear Ms. Gaffga: LANDMARK BUILDING. SUITE 200 70S EAST HOUSTON AVENUE SAN ANTONIO, TEXAS 76205 TELEPHONE (512) 224-5575 2 ST. JAMES'S PLACE LONDON, SWIA INP TELEPHONE (OI) 629-1207 TELEX 28310 0C 7 1982�� carr sfceE14Rr Pursuant to our telephone conversation this morning, I have enclosed eight (8) copies of the following instruments for execution by you and the Mayor in connection with the captioned bond issuance: 1. Certificate and Resolution Approving Resolu- tion by the Lubbock Industrial Development Corporation Providing for the Issuance of Lubbock Industrial i� Development Corporation Variable Rate Demand Industrial ” Development Revenue Bonds (Ryder Truck Lines, Inc. Project) Series 1982; and ttU� 2. General Certificate of the City of Lubbock, Texas. Upon execution, please forward the instruments to my attention. Please do not date the General Certificates as they will be dated the date of closing, being 'September 23, 1982. Ms. Evelyn Gaffga October 5, 1982 Page Two If you have any questions or need additional information regarding the materials, please do not hesitate to contact us. Thank you for your cooperation and assistance in this matter, and I will look forward to working with you again soon. ru. yours, Robin S. Bobbitt Legal Assistant RSB/rl Enclosures cc: Jana Banahan Cogburn