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HomeMy WebLinkAbout0108_107RESOLUTION APPROVING THE RESOLUTION OF THE GEORGETOWN INDUSTRIAL DEVELOPMENT CORPORATION PROVIDING FOR THE ISSUANCE OF GEORGETOWN INDUSTRIAL DEVELOPMENT CORPORATION INDUSTRIAL DEVELOPMENT REVENUE BONDS (TEXAS BENCHMARK INNS PROJECT) SERIES 1983 WHEREAS, the Georgetown Industrial Development Corporation (the "Issuer") was created under the auspices of the City Council of the City of Georgetown, Texas (the "Unit"); and WHEREAS, by resolution (the "EBA Resolution"), passed and approved October 22, 1982, the Unit has designated certain Eligible Blighted Areas ("EBA'S"), within which certain commercial projects can be financed pursuant to the terms of the Development Corporation Act of 1979, as amended (the "Act"); and WHEREAS, Texas Benchmark Inns (the "Company") desires to construct a certain commercial facility (the "Project") within the Unit to be financed by Industrial Development Bonds .issued by the Issuer; and WHEREAS, the Project is located within the EBS and the Company has represented to the Unit and to the Issuer that (a) the Company has no present intention of disposing of or abandoning the Project, (b) the Company has no present intention of directing the Project to a use other than the purposes represented to the Unit, and (c) the Company will not, during the life of the Bond, direct the Project to a use not authorized within the EBA, and; WHEREAS, in accordance with Section 103(k) of the Internal Revenue Code of 1954, as amended, and the Rules of the Texas Economic Development Com- mission promulgated pursuant to the Act, a public hearing was held on November 8, 1983, by the City Council of the Unit, after notice thereof hav- ing been posted in accordance with law, to take comments from the public regarding the suitability of the Project; and THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: Section 1. The "Resolution Authorizing Georgetown Industrial Development Corporation Industrial Development Revenue Bonds (Texas Benchmark Inns Project) Series 1983; a Loan Agreement; a Trust Indenture; a Guaranty Agreement; Approval of a Deed of Trust and Security Agreement; and Matters in Connection Therewith," adopted by the Issuer on December 13, 1983, a copy of which is attached hereto as Exhibit "AU and made a part hereof for all purposes, providing for the issuance of "Georgetown Industrial Development Corporation Industrial Develop- ment Revenue Bonds (Texas Benchmark Inns Project) Series 1983, in the original principal amount of $2,500,000, 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 the Bonds shall never constitute an indebtedness or pledge of the Unit, or the State of Texas, within the meaning of any constitutional or statutory provision, and the holders of the 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 the City Secretary of the Unit and the other officers of the Unit 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. Section 5. The City Council of the Unit hereby finds that the Project: (a) is located within the EBA: