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HomeMy WebLinkAbout0126_125!2-5 B. Additionally: ( i ) The acquisition, construction and equipping of the Project will result in jobs being saved and new jobs being created thereby resulting in a higher level of employment within the Unit; -and (ii) The Project sought to be financed pursuant to the Agreement is in furtherance of the public purposes of the Act, including the industrial development of Georgetown, Texas to promote and encourage employment and the public welfare. Section 2. Approval of Plan of Financing of the Project. The issuer hereby finds and determines that opportunity For-alltaxpayers, residents and other interested persons to express their views for or against said plan or financing, and to submit communication in writing, was provided at the public hearing held on , 1983, referred to above. The Issuer does hereby approve a plan of financing of the Project, as described above, and the Issuer does hereby declare that this Resolution constitutes the public approval of said plan of financing required by Section 103(k) of the Internal Revenue Code of 1954, as amended. Section 3. Authorization of and Security for the BondsYhe Iseuer to hereby authorized to issue and serT T-1-1-0-509000 aggregate principal amount of the Bond to the Bank as provided in the Bond Purchase Agreement, as executed, at a purchase price of 100: of the principal amount thereof for the purpose of providing funds to pay all or a portion of the cost of the Project (as defined in the Agreement). Receipt by the Bank as depositary of payment for the Bond shall constitute payment to the Issuer of the purchase price for the Bond. The Bond ehall be issued as a single bond in fvt ly registered form. Principal of the Bond is payable on December 1, (maturity). Interest on the Bond is payable , commencing at a fixed or seariable interest rate, as provided in the ^f Bond included in the Bond Purchase Aareement-. The fiord aha:' be subject to such Me-datory end optional oreoayments, shall be payable in suc'� place er ni aces» and shall be dated and she.',.l be issued in such a mangy?er, subject to. such, provisions, coverante and agreements, as are specified in the ao.,d Purchase Agreeir.snt, as executed. The Bond shall be issued pursuant to and in full compliance with the Constitution and laws of the State of Texas, 12� and under the provisions of the Act. The Bond, including interest and premiums if any, thereon, shall not be deemed to constitute a debt of the State of Texas, of the Unit, or of any other political corporation, subdivision or agency of the State of Texas, but shall be payable solely from the revenues and receipts derived from the Agreement. Neither the State of Texas, the Unit, nor any political corporation, subdivision or any agency of the State of Tex.as shall be obligated to pay the Bond or the interest or premium, if any, thereon, and neither the faith or credit nor the taxing power of the State of Texas, the Unit, or any other political corporation, subdivision or agency thereof is pledged to the payment of the principal of, interest and premiums, if any, on the Bond. The Bond is a limited obligation of the Issuer payable solely out of the revenues and receipts derived by the Issuer pursuant to the Agreement Note, and the Issuer's rights under the Agreement (except for certain of the Issuer's rights to indemnification, to attorneys' fees and to reimbursement for expenses) and under the Note are pledged and assigned to the Bank pursuant to the Assignment, as executed, and such revenues and receipts and the Note shall not be pledged or hypothecated in any manner except as provided in the Assignment as executed. Section 4. Authorization of A regiment. The Issuer is hereby authorized—to enter into the Agreement# in substantially the form presented to this meeting and marked Exhibit A, under which the Issuer shall loan the proceeds of theo� neo The User to be used to defray certain costs of the Project (including all costs incurred by the Issuer in connection with the issuance and sale of the Bond) all upon the terms and conditions as set forth in said form of Agreement, submitted to and reviewed by the Board of directors of the Issuer on the date hereof, with such changes from.the-form of Agreement presented to this meeting not in- consistent with this Resolution as shall be approved by the officers of the Issuer executing the Agreement, such officers' signatures thereon being conclusive evidence of their approval thereof. Section 5. �Approval of Note. The Note to be delivered by the Company to evidence its �obligation under the Agreement to pay amounts sufficient to pay the principal'of, premium, if any, and interest on the Bond is hereby approved substantially in the form set forth in the Agreement presented to this meeting with such changes from the form of Note presented to this meeting not inconsistent witn this Resolution as shall be approved by the officers of the Issuer executing the Agreement, such officers' signatures thereon being conclusive evidence of their approval thereof. Section 6. Authorization of Asaignmenta. The Issuer is hereby 5511757teed Eo enter into the ssignmenF, in stihstan- tially the form presented to this meoting and marked Exhibit 9, under which the Issuer shall pledge and assign