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HomeMy WebLinkAboutRES 031009-R - Cert of Obligation Tax & RevRESOLUTION NO RESOLUTION DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE CITY OF GEORGETOWN, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2009; AND OTHER MATTERS RELATED THERETO THE STATE OF TEXAS § CITY OF GEORGETOWN § COUNTY OF WILLIAMSON § WHEREAS, the City Council (the "Council") of the City of Georgetown, Texas (the "City") finds that the payment in whole or in part of contractual obligations incurred or to be incurred for: (1) reimbursing for the costs of acquiring the Albertson's Building located at 610 North Austin Avenue for City for City purposes; (2) constructing, improving and renovating Williams Drive; and (3) professional services including fiscal, engineering, architectural and legal fees and other such costs incurred in connection therewith including the costs of issuing the Certificates (the "Contractual Obligations") would be beneficial to the inhabitants of the City and are needed to perform essential City functions; and WHEREAS, the Council has deemed it advisable to give notice of intention to issue the Certificates in a maximum principal amount not to exceed $5,400,000 pursuant to the provisions of the Certificate of Obligation Act of 1971, Section 271.041 et seq , Local Government Code (the "Act") for the purpose of financing the Contractual Obligations; and WHEREAS, prior to the issuance of the Certificates, the City is required under the Act to publish notice of its intention to issue the Certificates in a newspaper of general circulation in the City, the notice stating (i) the time and place tentatively set for the passage of the ordinance authorizing the issuance of the Certificates, (ii) the maximum amount and purpose of the Certificates to be authorized, and (iii) the manner in which the Certificates will be paid; and WHEREAS, the meeting at which this Resolution is adopted was open to the public and public notice of the time, place and purpose of the meeting was given, all as required by Chapter 551, Texas Government Code, as amended. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THF, CITY OF GEORGETOWN, TEXAS: 1. Attached hereto as Exhibit "A' is a form of the Notice of Intention to issue the Certificates the form and substance of which is hereby adopted and approved. GTOWNCO2009: Notice Res 2. The City Secretary or other authorized representatives of the City, shall cause the notice to be published in substantially the form attached hereto, in a newspaper of general circulation in the City, for two consecutive weeks, the date of the first publication to be at least 30 days prior to the time set for the final passage of the ordinance authorizing issuance of the Certificates as shown in the notice. 3. The City Council hereby finds that the issuance of the Certificates implements the following policy of the Century Plan - Policy Plan Element: Finance Policy h,nd 14.00 which states; "All municipal operations are conducted in an efficient, business -like manner and sufficient financial resources for both current and future needs are provided.", and further finds that the enactment of this Resolution is not inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan. 4. The City's Financial Advisor and Bond Counsel are hereby authorized to take all actions necessary in connection with the issuance of the Certificates. 5. This Resolution shall become effective immediately upon adoption. The Mayor and City Secretary are hereby authorized and directed to execute the certificate to which this Resolution is attached on behalf of the City and the Mayor, City Secretary and City Manager are further authorized to do any and all things proper and necessary to carry out the intent of this Resolution. GTOWNCO2009: Notice Res RESOLVED this 10`h day of March, 2009. ATTFST: APPROVED AS TO FORM: GTOWNCO2009: Notice Res CITY OF GEORGETOWN, TEXAS eorge carver, Mayor EXHIBIT A NOTICE OF INTENTION REGARDING CITY OF GEORGETOWN, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2009 AND ADOPTION OF AN O" i INANCE NOTICE IS HEREBY GIVEN that it is the intention of the City Council of the City of Georgetown, Texas, to issue interest bearing certificates of obligation of the City entitled "City of Georgetown, Texas Combination Tax and Revenue Certificates of Obligation, Series 2009," for the purpose of paying contractual obligations incurred or to be incurred by the City for: (1) reimbursing for the costs of acquiring the Albertson's Building at 610 North Austin Avenue for City purposes; (2) constructing, improving and renovating Williams Drive; and (3) professional services including fiscal, engineering, architectural and legal fees and other such costs incurred in connection therewith including the costs of issuing the Certificates. The City Council tentatively proposes to consider for first and final reading at a meeting to commence at 6 o'clock, p.m., on the 28th day of April, 2009 at Council Chambers, 101 E. 7th Street, Georgetown, TX, 78626, the passage of an ordinance authorizing such Certificates of Obligation which ordinance shall be entitled ' ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF GEORGETOWN, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2009, AUTHORIZING THE LEVY OF AN AD VALOREM TAX AND THE PLEDGE OF CERTAIN REVENUES IN SUPPORT OF THE CERT I N ICATES; APPROVING AN OFFICIAL STATFMENT, A PAYING AGED T/REGISTRAR AGREFMENT AND OTHER AGREEMENTS RELATED TO THE SALE AND ISSUANCE OF THE CERTIFICATES; AND AUTHORIZING OTHER MATTERS RELATED TO THE ISSUANCE OF THE CERTIFICATES " The maximum amount of Certificates of Obligation that may be authorized for such purpose is $5,400,000. The City Council presently proposes to provide for the payment of such Certificates of Obligation from the levy and collection of ad valorem taxes in the City as provided by law and from the surplus revenues of the City's utility system in an amount not to exceed $10,000, being the combined waterworks sewer and electric system, remaining after payment of all operation and maintenance expenses thereof, and all debt service, reserve and other requirements in connection with all of the City's revenue bonds or other obligations (now or hereafter outstanding) which are payable from all or any part of the net revenues of the City's utility system. GTOWNCO2009: Notice Res CITY OF GEORGETOWN, TEXAS CERTIFICATE FOR RESOLUTION NO. THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF GEORGETOWN We, the undersigned officers and members of the City of Georgetown, Texas (the "City"), hereby certify as follows: 1. The City Council of the City convened in REGULAR MEETING ON THE 10TH DAY OF MARCH, 2009, at Council Chambers, 101 E. 7th Street, Georgetown Texas (the "Meeting"), and the roll was called of the duly constituted officers and members of the City, to -wit: George Garver Mayor Gabe Sansing, Mayor Pro Tem, Councilmember District 2 Patty Eason, Councilmember District 1 Keith Brainard, Councilmember District 3 Bill Sattler, Councilmember District 4 Pat Berryman, Councilmember District 5 Dale Ross, Councilmember District 6 Ben Oliver, Councilmember District 7 and all of the persons were present, except the following absentees: thus constituting a quorum. Whereupon, among other business, the following was transacted at the Meeting a written RESOLUTION DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE CITY OF GEORGETOWN, TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2009; AND OTHER MATTERS RELATED THERETO was duly introduced for the consideration of the City Council. It was then duly moved and seconded that the Resolution be passed on first reading; and, after due discussion, said motion carrying with it the passage of the Resolution, prevailed and carried by the following vote: AYES: NOES: 2. A true, full and correct copy of the Resolution passed at the Meeting described in the above and foregoing paragraphs is attached to and follows this Certificate; that the Resolution has been duly recorded in the City Council's minutes of the Meeting; that the above and foregoing paragraphs are a true, full and correct excerpt from the City Council's minutes of the Meeting pertaining to the passage of the Resolution; that the persons named in the above and foregoing paragraphs are the duly chosen, qualified and acting officers and members of the City Council as indicated therein; that each of the officers and members of the City Council 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 passage at the Meeting, and each of the officers and members consented, in advance, to the holding of the Meetings for such purpose, and that 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 Chapter 551, Texas Government Code 3. The Mayor of the City has approved and hereby approves the Resolution; that the Mayor and the City Secretary of the City have duly signed the Resolution; and that the Mayor and the City Secretary of the City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of the Resolution for all purposes. GTOWNCO2009: NoUceResCen. RESOLVED this 10th day of March, 2009. ATTEST: CITY OF GEORGETOWN, TEXAS City Seretary '` George Garver, Mayor APPROVED AS TO FORM: City Attorney GTOWNCO2009: Notice Res SIGNED AND SEALED the City e rotary [CITY SEAL] GTOWNCO2009: No[iceResCeri.