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HomeMy WebLinkAboutResolution - 1144 - Approve Issuance Of Bonds - LIDC - Evans Tank Company Project - 07/22/1982RESOLUTION 1144- 7/22/82 0ti ,craFTARY-?REASURER RESOLUTION APPROVING RESOLUTION BY THE LUBBOCK. INDUSTRIAL DEVELOPMENT CORPORATION PROVIDING FOR THE ISSUANCE OF LUBBOCK INDUSTRIAL DEVELOPMENT CORPORATION INDUSTRIAL DEVELOPMENT REVENUE BONDS (EVANS TANK COMPANY PROJECT). SERIES 1982 WHEREAS, the Lubbock Industrial Development Corporation (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 "Act"); 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, TEXAS THAT: Section 1.* The Resolution Authorizing Lubbock Industrial Development Corporation Industrial Development Revenue Bonds (Evans Tank Company Project) Series 1982; a Loan Agreement; an Indenture of- Trust; a Guarantee Agreement; a Mortgage; a Collateral Assignment; and Other Matters in Connection Therewith, adopted by the Issuer on July 7, 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 wiTth 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 shole 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 Council of the City of Lubbock, Texas are hereby authorized, jointly and severally to execute and deliver such endorsements, instruments, certificates, documents, or papers necessary and advisable to carry out the intent and purposes of this Resolution. PASSED AND AP] (SEAL) mp-�'a Raw � "SOU '41 -2- CERTIFICATE FOR RESOLUTION APPROVING RESOLUTION BY THE LUBBOCK INDUSTRIAL DEVELOPMENT CORPORATION PROVIDING FOR THE ISSUANCE OF LUBBOCK INDUSTRIAL DEVELOPMENT CORPORATION INDUSTRIAL DEVELOPMENT REVENUE BONDS (EVANS TANK COMPANY PROJECT) SERIES 1982 I, the undersigned, City Secretary of the City Council of Lubbock , Texas (the "Unit"), do hereby certify as. follows 1. The City Council (the "Governing Body") of the Unit convened in regular session at on (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 Councilmember M. J. Aderton Councilmember E. Jack Brown Councilmember Joan Baker Councilmember All of such persons were present, except the following absentees: thus constituting a quorum. Whereupon a written: RESOLUTION APPROVING RESOLUTION BY THE LUBBOCK INDUSTRIAL DEVELOPMENT CORPORATION PROVIDING FOR THE ISSUANCE OF LUBBOCK INDUSTRIAL DEVELOPMENT CORPORATION INDUSTRIAL DEVELOPMENT REVENUE BONDS (EVANS TANK COMPANY PROJECT) SERIES 1982 (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: NOES: 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 consented, 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. (SEAL) SIGNED AND SEALED this -2- City Secretary Resolution 1144 - 7/22/82 - Evans Tank Co. P%s&, C1TY.SECRSTARY- TREASURER GENERAL CERTIFICATE THE STATE OF TEXAS COUNTY OF LUBBOCK The undersigned, Mayor and City Secretary of the City of Lubbock, Texas (the "Unit"), do hereby certify as follows: 1. This Certif icate. is executed with reference to that series of bonds styled "Lubbock Industrial Development Corporation Industrial Development Revenue Bonds (Evans Tank Company Project) Series 1982," in the principal amount of $4,000,000 (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 Corporation (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 5. The Unit, by written resolution dated January 22, 1981, has approved a Resolution Concerning Issuance of Bonds to Finance a Project for Evans Transportation Company adopted by the Issuer on October 27, 1980, and by written resolution dated July 22, 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 (ii) 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 THIS Mayo (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 gen,4ne. ary -2- r 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 (ii) 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 THIS Mayo (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 gen,4ne. ary -2-