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Home My WebLink About029555 RES - 07/10/2012CERTIFICATE FOR RESOLUTION THE STATE OF TEXAS § COUNTY OF NUECES § CITY OF CORPUS CHRISTI § We, the undersigned officers of the City Council of the City of Corpus Christi, Texas, hereby certify as follows: 1. The City Council of the City of Corpus Christi, Texas, convened in regular meeting on July 10, 2012, at the regular meeting place thereof, within said City, and the roll was called of the duly constituted officers and members of said City Council and the City Secretary, to wit: Joe Adame Mayor Kelley Allen Councilmember, District 1 John Marez Councilmember, District 2 Priscilla Leal Councilmember, District 3 Chris Adler Councilmember, District 4 Larry Elizondo, Sr. Councilmember, District 5 David Loeb Councilmember at Large Mark Scott Councilmember at Large Nelda Martinez Councilmember at Large and all of said persons were present except for OJhn. F I i2.611dX , thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written RESOLUTION WITH RESPECT TO REPUBLIC SERVICES, INC. PROJECT was duly introduced for the consideration of said City Council. It was then duly adopted; and, after due discussion, said Resolution prevailed and carried by the following vote: AYES: 1 ; NOES: ; ABSTENTIONS: 2. A true, full and correct copy of the aforesaid Resolution adopted at the meeting described in the above and foregoing paragraph is attached to and follows this certificate; said Resolution has been duly recorded in said City Council's minutes of said meeting; the above and foregoing paragraph is a true, full and correct excerpt from said City Council's minutes of said meeting pertaining to the adoption of said Resolution; the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of said City Council as indicated therein; each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the date, hour, place and purpose of the aforesaid meeting, and that said Resolution would be introduced and considered for adoption at said meeting, and each of said officers and members consented, in advance, to the holding of said meeting for such purpose; and said meeting was open to the public as required by law; and public notice of the date, hour, place and subject of said meeting was given as required by the Texas Open Meetings Act. #4115018.3 29555 INDEXED SIGNED AND SEALED this 10th of July, 2012. ATTEST: Armando Chapa City Secretary APPROVED: 1 04147 of (SEAL) #4115018.3 THE CITY OF CORPUS CHRISTI Joe Ad e Mayor 2012 Corpus Christi, Texas I 0 of The above resolu Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott , 2012 on was passed by the following vote: .1)4aAJ 029555 RESOLUTION WITH RESPECT TO REPUBLIC SERVICES, INC. PROJECT WHEREAS, REPUBLIC SERVICES, INC., successor in interest to Allied Waste North America, Inc., and its subsidiaries or affiliates (collectively, the "Company") own and operate various solid waste disposal facilities throughout the state of Texas (collectively, the "Facilities") as more fully described in Exhibit A and Exhibit B attached hereto; and WHEREAS, in 2007 at the request of the Company, Mission Economic Development Corporation (the "Issuer") issued its Solid Waste Disposal Revenue Bonds (Allied Waste North America, Inc. Project) Series 2007A (the "Series 2007A Bonds") to finance certain improvements to the Facilities (collectively, the "Project"), including portions of the Facilities located outside the boundaries of the Issuer's sponsoring governmental unit, subject to certain requests, hearings and approvals from the other governmental units in which the Project is located; and, WHEREAS, a portion of the Project (the "Local Portion") is located in the City of Corpus Christi, Texas (the "City"); and WHEREAS, the Company now desires to refund the Series 2007A Bonds and thereby refinance the Project and has requested that the Issuer issue its Solid Waste Disposal Revenue Refunding Bonds (Republic Services, Inc. Project) Series 2012 (the "Series 2012 Bonds") for such purpose; and WHEREAS, inorder that the Local Portion of the Project may he refinanced with the proceeds of the Series 2012 Bonds, the City Council of the City (the "City Council") must request that the Issuer exercise its powers within the City for the purpose of issuing such bonds in one or more series to refund the Series 2007A Bonds and refinance the Local Portion of the Project, such request being intended to satisfy the requirements of Section 501.159 of the Texas Development Corporation Act, Texas Local Government Code, Chapter 501, as amended (the "Act"); and WHEREAS, the City Council desires hereby to make such request of the Issuer and to take other actions to enable the Issuer to issue the Series 2012 Bonds and the Company to use the proceeds thereof to refinance the Project by refunding the Series 2007 Bonds; WHEREAS, approval of the City Council as the "applicable elected representative" is also required in connection with the issuance of the Series 2012 Bonds in order to satisfy the requirements of Section 147(f) of the Internal Revenue Code and the City Council desires hereby to give such approval. NOW, THEREFORE, BE IT RESOLVED, ADOPTED AND DECREED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. Third Party Financing. In order that the Local Portion of the Project may be refinanced as a part of the entire Project through the issuance of the Series 2012 Bonds, the Issuer is hereby requested to exercise its powers within the City for the purpose of issuing such bonds in one or more series to refinance the Local Portion of the Project in accordance with Section 501.159 of the Act. Section 2. Public Hearing and Approval for Federal Tax Purposes. In order to comply with Section 147(f) of the Intemal Revenue Code of 1986, as amended, a public hearing has been held in the City by the City Council, duly appointed to hold the hearing by the Issuer, in which hearing members of #4115018.3 the public were permitted to express their views with respect to the Local Portion of the Project and the Issuer's issuance of the Bonds for such purpose. Notice of such hearing was published no less than 14 days prior to such hearing in a newspaper of general circulation in the City, and an affidavit of the publication of such notice is attached hereto as Exhibit C. Based solely upon the results of such hearing, and solely for purposes of complying with Section 147(1) of the Internal Revenue Code of 1986, as amended, the plan of finance, the Bonds and the facilities to be refinanced by the plan of finance in the City, all as described in the published notice of public hearing attached hereto as Exhibit C, are approved. SECTION 3. DISCLAIMER OF LIABILITY. THE CITY, THE CITY COUNCIL, THE MAYOR AND ALL OTHER CITY OFFICIALS MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER WITH RESPECT TO THE LOCAL PORTION OF THE PROJECT OR THE ISSUANCE, CREDITWORTHINESS OR REPAYMENT OF THE INDUSTRIAL REVENUE BONDS TO BE ISSUED BY THE ISSUER WITH RESPECT TO THE LOCAL PORTION OF THE PROJECT. UNDER NO CIRCUMSTANCES SHALL THE CITY HAVE ANY LIABILITY, FINANCIAL OBLIGATION OR RESPONSIBILITY OF ANY KIND WITH RESPECT TO THE PAYMENT OF INDUSTRIAL REVENUE BONDS ISSUED FOR TIIE LOCAL PORTION OF THE PROJECT OR FOR THE CONSTRUCTION, MAINTENANCE, OPERATION OR ANY OTHER ASPECT OF THE LOCAL PORTION OF THE PROJECT. RESOLVED, ADOPTED AND DECREED this 10th day of July, 2012. #4115018.3 EXHIBIT A REPUBLIC SERVICES, INC. PROJECT Project Description The Project will be refinanced as part of an ongoing plan of financing and is owned and operated by Republic Services, Inc. and its affiliates (collectively, the "Company"). The Project consists of financing (a) improvements to existing landfill facilities, including (i) construction of new disposal cells and liners within currently permitted acreage, (ii) additions and improvements to the leachate collection and treatment system, including leachate trenching, (iii) additions and improvements to the methane gas system, (iv) installation of new liners for intermittent and final closure of completed sections of the landfill facilities, (v) site improvements, (vi) acquisition of equipment to be used at the landfill facilities, (vii) acquisition of other equipment and assets necessary to support the foregoing improvements and to place them in to service, and (b) existing collection (hauling) and transfer station facilities, including (i) acquisition of solid waste disposal trucks and support vehicles, (ii) acquisition of solid waste disposal containers and related equipment, (iii) acquisitionof solid waste disposal sorting and processing equipment, , (iv) site improvements, and (vi) acquisition of other equipment and assets necessary to support the foregoing improvements and place them in to service. The Project locations are at existing facilities outlined on the attached Exhibit "B" — Project Locations. #4115018.3 EXHIBIT B REPUBLIC SERVICES, INC. PROJECT Project Locations 1. collection facility located at 4831 East 25th Avenue, Amarillo, Potter County, Texas 79103; 2. landfill facility located at 7000 Interstate Highway 10 East, San Antonio, Bexar County, Texas 78219; 3. collection facility located at 440 Heath Lane, Jacksonville, Cherokee County, Texas 75766; 4. landfill facility located at 440 Heath Lane, Jacksonville, Cherokee County, Texas 75766; 5. collection facility located at 2501 South Business 45, Corsicana, Navarro County, Texas 75110; 6. hauling facility located at 3029 South 15th Street, Corsicana, Navarro County, Texas 75110; 7. collection facility located at 4414 Agnes Street, Corpus Christi, Nueces County, Texas 78405; 8. landfill facility located at 801 East College Street, Lewisville, Denton County, Texas 75057; 9. landfill facility located at 3935 Avenue A, Alta Loma, Galveston County, Texas 77510; 10. landfill facility located at 1102 Landfill Road, Longview, Gregg County, Texas 75603; 11. collection facility located at 2611 North State Highway 42, Building B, Kilgore, Gregg County, Texas 75662; 12. collection facility located at 5226 US Highway 175 East, Athens, Henderson County, Texas 75752; 13. landfill facility located at FM 493 Mile 12 Road East, Donna, Hidalgo County, Texas 78537; 14. collection facility located at 2559 FM 66, Itasca, Hill County, Texas 76055; 15. landfill facility located at 2559 FM 66, Itasca, Hill County, Texas 76055; 16. collection facility located at 13630 Fondren Road, Houston, Harris County, Texas 77085; 17. collection facility located at 5301 Brookglen Drive, Houston, Harris County, Texas 77017; #4115018.3 18. collection facility located at 5757 Oates Road, Suite A, Houston, Harris County, Texas 77078; 19. landfill facility located at 5757 Oates Road, Suite A, Houston, Harris County, Texas 77078; 20. collection facility located at 8101 E. Little York Road, Houston, Harris County, Texas 77016; 21. landfill facility located at 8101 E. Little York Road, Houston, Harris County, Texas 77016; 22. collection facility located at 1450 East Cleveland Street, Hutchins, Dallas County, Texas 75141; 23. collection facility located at 6425 Highway 347, Beaumont, Jefferson County, Texas 77705; 24. landfill facility located at 6433 Labelle Road, Beaumont, Jefferson County, Texas 77705; 25. collection facility located at 3315 Loop 534, Kerrville, Kerr County, Texas 78028; 26. landfill facility located at 3315 Loop 534, Kerrville, Kerr County, Texas 78028; 27. collection facility located at 2101 Commerce Street, Marble Falls, Burnet County, Texas 78654; 28. landfill facility located at 3048 Limestone County Road 460, Mexia, Limestone County, Texas 76667; 29. landfill facility located at 20700 Helium Road, Canyon, Randall County, Texas 79015; 30. collection facility located at 12920 FM 2767, Tyler, Smith County, Texas 75708; 31. landfillfacility located at 12920 FM 2767, Tyler, Smith County, Texas 75708; 32. collection facility located at 6100 Elliott Reeder Road, Fort Worth, Tarrant County, Texas 76117; 33. collection facility located at 5001 Pine Street, Abilene, Taylor County, Texas 79601; 34. landfill facility located at Highway 277 North/83 and FM 3034, Abilene, Jones County, Texas 79601; and 35. collection facility located at 3031 FM 3417, Mt. Pleasant, Titus County, Texas 75456. #4115018.3 EXHIBIT C REPUBLIC SERVICES, INC. PROJECT Affidavit of Publication #41150183