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HomeMy WebLinkAbout023548 RES - 01/26/1999A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, DIRECTING THE CITY MANAGER TO PROCEED IN PREPARING THE NECESSARY DOCUMENTS AND TAKING OTHER MEASURES IN CONNECTION WITH THE ISSUANCE OF UTILITY SYSTEM REVENUE BONDS. WHEREAS, the City of Corpus Christi (the "City") currently has outstanding $45,220,000 in principal amount of its Utility System Revenue Refunding Bonds, Series 1990 (the "Series 1990 Bonds"); and WHEREAS, due to favorable economic conditions, the City finds it desirable to proceed with a refunding of the Series 1990 Bonds scheduled to mature on July 15 in each of the years 2000 through 2010, inclusive; and WHEREAS, the City currently has outstanding $13,220,000 in principal amount of its Utility System Commercial Paper Notes, Series A (the "Commercial Paper Notes"); and WHEREAS, due to favorable economic conditions, the City finds it desirable to proceed with a refunding of Commercial Paper Notes; and WHEREAS, it is necessary for the City to proceed with repairs and improvements to the Utility System, particularly with respect to repairs and improvements to Wesley Seale Dam; and WHEREAS, due to favorable economic conditions, the City may be able to advance refund, and achieve debt service savings with respect to a portion of the City's outstanding Utility System Revenue Bonds, Series 1994 and Series 1995 (the "Series 1994/1995 Bonds"); and WHEREAS, the refunding of the Series 1990 Bonds, the refunding of Commercial Paper Notes, the advance refunding of the Series 1994/1995 Bonds, and the repairs and improvements to the Utility System described above, are herein referred to as the "financing plan"; and WHEREAS, the City finds it necessary to issue Utility System Revenue Bonds, in one or more series, to implement the financing plan described above; and WHEREAS, it is anticipated that the principal amount of Utility System Revenue Bonds to be issued for the purpose of refunding the Series 1990 Bonds would not exceed $50,000,000; and WHEREAS, it is anticipated that the principal amount of Utility System Revenue Bonds to be issued for the purposes of refunding Commercial Paper Notes and to make necessary repairs and improvements to the Utility System, particularly with respect to repairs and improvements to Wesley Seale Dam, would not exceed $40,000,000; and I ULEG-DIR\VERONICA\ALISON\ORD99.600\AGORD99 614 WHEREAS, because of the provisions of the Internal Revenue Code of 1986 (the "Code"), it is necessary to effect the sale of Utility System Revenue Bonds to refund the Series 1990 Bonds in a separate series of bonds; and WHEREAS, the City Council hereby finds, considers and declares that the reimbursement of the payment by the City of such expenditures will be appropriate and consistent with the lawful objectives of the City and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 of the U.S. Treasury Regulations, to reimburse itself for suetpayments at such time as it issues the Utility System Revenue Bonds for the repair and improvement of the Utility System, particularly with respect to repairs and improvements to Wesley Seale Dam; and WHEREAS, it is hereby officially found and determined that the meeting at which this Resolution was considered was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby directed to proceed with the preparation of documents and the taking of other measures to implement the financing plan described in the preamble to this Resolution including, without limitation, implementing a proc.ss to review, and report back to the City Council on recommendations with respect to the selection of, underwriters for the issuance of the Utility System Revenue Bonds described in the preamble of this Resolution. SECTION 2. That 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, in connection with the issuance and sale of the proposed Utility System Revenue Bonds. SECTION 3. That all costs to be reimbursed pursuant to this Resolution for necessary repairs and improvements to the Utility System, particularly with respect to repairs and improvements to Wesley Seale Dam, will be capital expenditures; the proposed Utility System Revenue Bonds shall be issued within 18 months of the later of (i) the date the excenditures are paid or (ii) the date on which the property, with respect to which such expenditures were made, is placed in service; and the foregoing notwithstanding, the Utility System Revenue Bonds will not be issued pursuant to this Resolution on a date that is more than three years after the date any expenditure which is to be reimbursed is paid. SECTION 4. That all resolutions or parts thereof in conflict herewith are hereby repealed. H:\LEC-DIR\VERONICA\ALISON ORD99.600\AGORD99.614 PASSED AND APPROVED this the 26th day of January, 1999. ayor, City o Corpus Christi City Secretary, City of Corpus Christi, Texas APPROVED THIS THE 26TH DAY OF JANUARY, 1999: JAMES R. BRAY, JR., CITY ATTORNEY .�u.�xraw Alison Gal away, Assistant Cit Attorney H1LEG-DIRVVERONICA'.ALISONVORD99.600AC RD99.614 Corpus Christi, Texas Lijk day of t1.4v� lkl u The above resolution was passed by the following vote: Samuel L. Neal, Jr. Javier Colmenero Melody Cooper Alex L. Garcia, Jr. Dr. Arnold Gonzales Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols I I:\LEG-DI R\VERONICA\ALISONORD99 600\AGORD99.614 19 clot 354a