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HomeMy WebLinkAbout024252 RES - 10/10/2000RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS APPROVING THE 1SSUANCE OF UP TO $6,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF CITY OF SAN ANTONIO, TEXAS, HIGHER EDUCATION AUTHORITY, INC. EDUCATION REVENUE BONDS (DR. MARIA LUISA GARZA ACADEMY OF TRANSITIONAL STUDIES CHARTER SCHOOL PROJECT), SERIES 2000 BY THE CITY OF SAN ANTONIO, TEXAS, HIGHER EDUCATION AUTHORITY, INC. FOR THE DR. MARIA LUISA GARZA ACADEMY OF TRANSITIONAL STUDIES CHARTER SCHOOL LOCATED IN THE CITY OF CORPUS CHRISTI, TEXAS STATE OF TEXAS COUNTY OF NUECES CITY OF COPPUS CF1RiSTI WHEREAS, the Higher Education Authority Act, Chapter 53, Texas Education Code, as amended (the "Act"), authorizes and empowers The City of San Antonio, T~as Higher Education Authority, Inc. (the "lssuer") on behalf of the City of San Antonio, Texas (the "Issuing Unit"), to acquire, by purchase, purchase contract, or lease, construct, or enlarge, extend, repair, renovate, or otherwise improve educational facilities or housing facilities, or acquire land for those purposes, furnish and equip the facilities, and provide by contract, lease, or otherwise for the operation and maintenance of the facilities, and issue revenue bonds to provide funds for any of its purposes; and WI-tEREAS, Section 53.48 of the Act provides that the Issuer may provide for the financing and refinancing of one or more such educational facilities or housing facilities to be used by an accredited primary or secondary school or by an authorized charter school; and H,J-IEREAS, Section 53.33 of the Act further provides that the facilities need not be located within the city limits of the issuing Unit; and WHEREAS, the Issuer proposes to issue its City of San Antonio, Teras, Higher Education Authority, Inc. Education Revenue Bonds (Dr. Maria Luisa Garza Academy of Transitional Studies Charter School ProjecO, Series 2000, dated October 1, 2000, in the aggregate principal amount of $6,000,000 (the "Bonds"), for the purpose of financing certain educational facilities for the Dr. Mafia Luisa Garza Academy of Transitional Studies Charter School (the "Project"), the proceeds of which will be loaned by the Issuer to the Gulf Coast Council of La Raza, Inc., a Texas nonprofit corporation (the "Corporation"), for the purpose of financing the Project, which consists of the construction and equipping of educational facilities located at The Dr. Mafia Luisa Garza Academy of Transitional Studies Charter School owned and operated by the Corporation, and includes, a new school to be built on 8.12 acres of land owned by the Corporation and located on the comer of Greenwood Drive and Home Road in Corpus Christi, Texas, ~vhich school will include, without limitation, construction of administration anti classroom building, library, technology center, gymnasium, cafetorium, day-care facility, parking area, landscape and site improvements; and 024252 WHEREAS, the Project is located within the City of Corpus Christi, Texas (the "City") and outside the limits of the Issuing Unit; WHERE, I& Section 147(f) of the Internal Revenue Code requires that the issuance of the Bonds be approved, af[er a public hearing following reasonable notice thereof, by the City Council of the he City of Corpus Christi, Texas, as the governmental unit having jurisdiction over the area in which the Project is located; and WHEREAS, notice of a public hearing was first published in the (forpus Christi Caller Times on July 2, 2000; and WHEREAS, the first public hearing was held on July 17, 2000 5:00 p.m. in the Administrative Offices of the Gulf Coast Council ofLa Raza, Inc., 2203 Baldwin Boulevard, Corpus Christi, Texas 78405, to provide an opportunity for all interested persons to be heard with respect to the proposed issuance and sale by the Issuer of the Bonds in the aggregate principal amount of $5,000,000; I, VHEREAS, on July 18, 2000, the City Council of the City did pass and approve a Resolution approving the Issuance of the Bonds in aggregate principal amount of $5,000,000 as required by Section 147(f) of the Internal Revenue Code; and WHEREAS, the Corporation has requested to increase the aggregate principal amount of the Bonds to up to $6,000,000 and requests that the City increase its approval to such amount; and WHEREAS, notice of a public hearing was again published in the Corpus Christi Caller Times on September 25, 2000; and I, VttEREAS, a public hearing was held on September 9, 2000, 5:00 p.m. in the Administrative Offices of the Gulf Coast Council ofLa Raza, Inc., 2203 Baldwin Boulevard, Corpus Christi, Texas 78405, to provide an opportunity for all interested persons to be heard with respect to the proposed issuance and sale by the Issuer of the Bonds in the aggregate principal amount of up to $6,000,000; and WHEREAS, it is now necessary and proper for the City Council of the City to consider and approve the issuance of the Bonds by the Issuer as required by Section 147(0 of the Internal Revenue Code; and WHEREAS, it is hereby officially found and determined that the meeting at which this Resolution was passed 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. NOt'V,, THEREFORE, BE IT RESOLVED B Y THE CITY COUNCIL OF THE CITY 0 F CORPUS CHRISTI, TEXAS THAT: 2 SECTION 1. APPROVAL OF THE ISSUANCE OF THE BONDS The City hereby consents to and, as required by Section 147(f') of the Internal Revenue Code of 1986, approves of the issuance by The City of San Auntohio, Texas. Higher Education Authority, Inc of its "City of San Antonio, T~ras, Higher Education Authority, Inc. Educational Revenue Bonds (Dr. Maria Luisa Garz. a Academy of Transitional Studies Charter School ProjecO, &ries 2000" (the "Bonds"), dated October 1, 2000, in aggregate principal amount of $6,000,000, the proceeds of which are to be loaned to the Gulf Coast Council of La Raza (the "Corporation") for the financing of certain educational facilities for the Dr. Maria Luisa Garza Academy of Transitional Studies Charter SchooI located in the City of Corpus Christi, Texas (the "Project") owned and operated by the Corporation; provided that the City shall have no liability in connection with the financing, acquisition, ownership, maintenance, or operation of the Project or the payment or security for the Bonds, and shall not be required to take any further action with respect thereto. SECTION 2. INCORPORATION OF RECITALS. The City hereby finds that the statements set forth in the recitals of this Resolution are true and correct, and the City hereby incorporates such recitals as a part of this Resolution. SECTION 3. SEVERABILITY. If any provision of this Resolution or the application thereof to any circumstance shall be held to be invalid, the remainder of this Resolution and the application thereof to other circumstances shall nevertheless be valid, and this governing body hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 4. EFFECTIVE DATE. This Resolution shall take effect immediately from and after its adoption and it is accordingly so ordered. [The remainder of this page intentionally left blank.] PASSED AND APPROVED by the City Council of the City of Corpus Christi, Texas, at a Regular Meeting held this the 10th day of October, 2000. Legal form approved ~!c_.~. ~ James R. Bray, Jr., City Attorney ,2000; CITY OF CORPUS CHRISTI By: Corpus Christi, Texas The above resolution was passed by the following vote: Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales Rex A. Kinnison Betty Jean Longoria John. Longoria Mark Scott 024252