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HomeMy WebLinkAbout023531 RES - 01/12/1999RESOLUTION RESOLUTION REQUESTING FINANCIAL ASSISTANCE FROM THE TEXAS WATER DEVELOPMENT BOARD. WHEREAS, the City of Corpus Christi, Texas (the "City") deems it necessary to apply to the Texas Water Development Board for financial assistance in an amount not to exceed $16,000,000 for improvements and extensions to the City's Utility System (the "System"), specifically improvements to the sewer system component of the System, including those improvements that were initially financed through the issuance of City of Corpus Christi, Texas Utility System Commercial Paper Notes, Series A; and WHEREAS, in accordance with the rules and regulations of the Texas Water Development Board, which governs the procedures of making such application, the governing body of the City is required to adopt a resolution to accompany such application. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Texas Water Development Board is hereby requested to grant financial assistance in an amount not to exceed $16,000,000 to the City for improvements and extensions to the City's System, specifically improvements to the sewer system component of the System, including those improvements that were initially financed through the issuance of City of Corpus Christi, Texas Utility System Commercial Paper Notes, Series A, all as further described in the application for financial assistance. SECTION 2. That the Mayor of the City is hereby authorized to execute and submit to the Texas Water Development Board the application for such financial assistance; and said Mayor, together with the City Manager, Bond Counsel, Financial Advisor, and Consulting Engineers named in such application, are hereby authorized to appear before the Texas Water Development Board in support of such application and project described therein. The City Manager is hereby authorized to retain the services of M.E. Allison & Co., Inc., as Financial Advisor and McCall, Parkhurst & Horton L.L.P., as Bond Counsel. SECTION 3. That said Mayor is further specifically authorized to make the required assurances to the Texas Water Development Board in accordance with the rules, regulations, and policies of the Texas Water Development Board. SECTION 4. That it is hereby found and determined that the City cannot reasonably finance the proposed Project without financial assistance in the amount requested, and that the nature of the improvements proposed to be financed constitute an emergency condition, and immediate H O:LEG-DIR`: V FRONICAAI.ISON`:ORD99.600`:AGORD99.608 023531 consideration of this application is requested. SECTION 5. That a certified copy of this Resolution shall be attached to the application for financial assistance herein authorized to be prepared and submitted to the Texas Water Development Board. AFFIDAVIT OF COMPLIANCE THE STATE OF TEXAS § COUNTY OF NUECES § CITY OF CORPUS CHRISTI § BEFORE ME, the undersigned Notary Public in and for the State of Texas, on this day personally appeared Samuel L. Neal, Jr., Mayor of the City of Corpus Christi, Texas (the "City"), who being by me duly sworn, upon oath says that (i) to the best of his knowledge and belief, the facts and information contained in the Application to the Texas Water Development Board for financial assistance are true and correct, (ii) the City will comply with all representations in the Application to the Texas Water Development Board for financial assistance, all laws of the State of Texas, and all rules and published policies of the Texas Water Development Board, (iii) to the best of his knowledge, there is no litigation or other proceeding pending or threatened against the City before any court, agency, or administrative body wherein an adverse decision would materially adversely affect the financial condition of the City or the ability of the City to issue debt; and (iv) the meeting at which the City Council of the City approved the Application to the Texas Water Development Board was held in accordance with the provisions of Chapter 551, Texas Government Code. 4-V `req ‘Samuel L. Nevi, Jr., Mayor SUBSCRIBED AND SWORN TO BEFORE ME this al day of Lfu "'� ESTA L. HARDY Notary Public STATEOFTEXAS My Comm. Exp. June 12, 2000 H:\LEG-DIR"VERONICA`\ALISOMORD99 600AGORD99.008 ,1999. Notary Public in and for the SI/ate of Texas 2 PASSED AND APPROVED ATTEST: Armando Chapa, City Secretary 1999 THE CITY OF CORPUS CHRISTI The foregoing Resolution was approved prior to passage as to form and correctness on 11 aeLia cui , 1999 James R. Bray, Jr., City Attorney By: Alison Gallawa Assistant City Attorn H \LEG-DIR\VERONICA\ALISON\ORD99. 600\AGORD99 608 3 Corpus Christi, Texas /DJh Day ofJJ.atJ ,194q The above resolution was passed by the following vote: % Samuel L. Neal, Jr. Javier D. Colmenero ((JJ Melody Cooper I J / Alex L. Garcia, Jr. (�+�`� Dr. Arnold Gonzales 000 Betty Jean Longoria �% John Longoria I.LL��X%% -n.�"�'' Edward A. Martin Dr. David McNichols OO"11-- 1I9LEG-DIRVVERONICAAALISON.ORD99.600AAGORD99.608 023531