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HomeMy WebLinkAbout028654 RES - 06/22/2010RESOLUTION NO. AUTHORIZING THE DEPOSIT OF $2,000 IN REVENUES FROM THE CITY'S SOLID WASTE SYSTEM INTO THE INTEREST AND SINKING FUND FOR EACH SERIES OF THE CITY'S COMBINATION TAX AND LIMITED PLEDGE REVENUE CERTIFICATES OF OBLIGATION ADDITIONALLY SECURED BY A LIMITED PLEDGE OF CERTAIN OF THE CITY'S SOLID WASTE SYSTEM REVENUES, THE PURPOSE OF SUCH DEPOSITS BEING THE EXTINGUISHMENT OF THE LIEN ON SUCH REVENUES ADDITIONALLY SECURING THE IDENTIFIED DEBT OBLIGATIONS; ENACTING OTHER PROVISIONS INCIDENT AND RELATED TO THE SUBJECT AND PURPOSE OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Corpus Christi, Texas (the City) is a home rule municipality and a political subdivision of and is duly organized and existing pursuant to the Constitution and laws of, the State of Texas (the State); and WHEREAS, pursuant to State law, the City Council (the City Council) of the City has heretofore issued, and there are currently outstanding, combination tax and limited pledge revenue certificates of obligation designated as "City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2009", dated July 15, 2009, and "City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2010 (Convention Center)", dated July 15, 2010 (together, the Limited Pledge Certificates); and WHEREAS, for the purpose of complying with Subchapter C of Chapter 271, as amended, Texas Local Government Code, permitting the Limited Pledge Certificates to be sold for cash, the Limited Pledge Obligations are secured, in addition to the pledge of the City's limited ad valorem tax (being the primary source of security therefor), by a limited pledge of the City revenues derived from its ownership and operation of its solid waste system in the amount of $1,000 per series of Limited Pledge Obligations; and WHEREAS, for the purpose of easing administrative burden, the City now desires to extinguish such limited lien on and pledge of the solid waste system revenues by depositing the amount of $1,000 into the interest and sinking fund for each series of Limited Pledge Obligations; and WHEREAS, the City Council hereby finds and determines that the adoption of this Resolution is in the best interests of the citizens of the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI THAT: SECTION 1. Authorization of Deposit. City staff is hereby directed to deposit to the interest and sinking fund for each series of Limited Pledge Obligations the amount of $1,000 for the purpose of extinguishing the limited lien on and pledge of the solid waste system revenues additionally securing the repayment of the Limited Pledge Obligations. 8566 1544.1 398654 INDEXED SECTION 2. Appropriation of Necessary Amounts. An amount of money necessary to make the deposits specified in Section 1 hereof is hereby appropriated and made available for such purpose from lawfully available solid waste system revenues. SECTION 3: Inconsistent Provisions. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and iumain controlling as to the matters ordained herein. SECTION 4: Governing Law. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 5: Severability. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 6: Incorporation of Preamble Recitals. The recitals contained in the preamble hereof are hereby found to be true, and such recitals and other statements therein are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. SECTION 7: Public Meeting. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 8: Delegation of Duties: Further Proceedings. The City Council hereby delegates to the Mayor of the City, the City Manager of the City, and the Interim Assistant City Manager for Administrative Services, individually, the authority to take any and all other actions consistent with the provisions of this Resolution, which includes the making any deposits necessary to accomplish the extinguishment of the lien, as described herein. In addition, officers and employees of the City are hereby authorized, empowered, and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge, and deliver in the name and under the corporate seal and on behalf of the City all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Resolution. In case any officer of the City whose signature shall appear on any certificate shall cease to be such officer before the delivery of such certificate, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery SECTION 9. Incorporation of Preamble Recitals. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council of the City. 85661549.1 -2- SECTION 10. Effective Date. The effective date of this Resolution shall be governed by the provisions of the Home Rule Charter of the City. 85661549.1 (The remainder of this page intentionally left blank] -3- PASSED AND ADOPTED on the 22nd clay of June, 2010. ATTEST: �r]k17t APPROVED THIS9P1 DAY OF Carlos Valdez, City Attorne (CITY SEAL) 8566 1549.1 2010: S-1 CITY OF CORPUS CHRISTI, TEXAS Mayor 2,feafio.„ !P� THE STATE OF TEXAS )( COUNTY OF NUECES )( I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 22nd day of June, 2010, authorizing the issuance of the City's Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2010 (Convention Center), which ordinance is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the 22nd day of June, 2010. 85551549.1 City Secretary (CITY SEAL) S-2 Corpus Christi, Texas of Okne_._, 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott 028654 CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) 1, the Director of Finance of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officer that the money required for the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. City Council Action Date: 22 2010 Agenda Item: 6, B. Resolution authorizing the deposit of $2,000 in revenues from the City's Solid Waste System into the Interest and Sinking Fund for each series ofthe City's Combination Tax and Limited Pledge Revenue Certificates of Obligation additionally secured by a limited pledge of certain of the City's Solid Waste System revenues, the purpose of such deposits being the extinguishment of the lien on such revenues additionally securing the identified debt obligations; enacting other provisions incident and related to the subject and purpose of this resolution; and providing an effective date. Amount Required: $ Fund Name Fund No. Org. No. Account No. Project No. Amount General Fund 1020 12500 $2,000.00 Total $2,000.00 Certification Not Required �_a��•L�ta—amu Director of Financial Services • Date: i o