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HomeMy WebLinkAbout031387 RES - 03/20/2018 RESOLUTION RESOLUTION BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS AUTHORIZING AND APPROVING PUBLICATION OF NOTICE OF INTENTION TO ISSUE NOT MORE THAN $7,500,000 IN CERTIFICATES OF OBLIGATION FOR SOLID WASTE SYSTEM IMPROVEMENTS; COMPLYING WITH THE REQUIREMENTS CONTAINED IN SECURITIES AND EXCHANGE COMMISSION RULE 15c2-12; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the City Council) of the City of Corpus Christi, Texas (the City) has determined that it is advisable and necessary to issue and sell one or more series of certificates of obligation (the Certificates) as taxable or tax-exempt obligations and in an aggregate amount not to exceed $7,500,000 as provided pursuant to the provisions of the Certificate of Obligation Act of 1971, as amended, Texas Local Government Code, Section 271.041 through Section 271.064, for the purpose of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes,to-wit: (1) the construction of improvements to the City's solid waste facilities, including (without limitation) paying contractual obligations to be incurred with respect to the construction of a waste disposal cell at the Cefe Valenzuela Landfill, (2) the purchase of materials, supplies, equipment, machinery, landscaping, land, and rights-of-way for authorized needs and purposes relating to the aforementioned facilities; and (3)the payment of professional services related to --- the-design, construction, management and financing of the aforementioned projects: and WHEREAS, prior to the offering, sale, and issuance of the Certificates, the appropriate officials of the City must review and approve the distribution of a "deemed final" preliminary official statement (the Official Statement) in order to comply with the requirements contained in 17 C.F.R. §240.15c2-12 (the Securities and Exchange Commission Rule); and WHEREAS, based upon their review of the Official Statement, the appropriate officials of the City must find to the best of their knowledge and belief, after reasonable investigation,that the representations of facts pertaining to the City contained in the Official Statement are true and correct and that, except as disclosed in the Official Statement, there are no facts pertaining to the City that would adversely affect the issuance of the Certificates or the City's ability to pay the debt service requirements on the Certificates when due; and WHEREAS, the City Council will comply with the requirements contained in the Securities and Exchange Commission Rule concerning the creation of a contractual obligation between the City and the proposed purchaser(s) of the Certificates (the Purchasers) to provide the Purchasers with an Official Statement in a time and manner that will enable the Purchasers to comply with the distribution requirements and continuing disclosure requirements contained in the Securities and Exchange Commission Rule; and WHEREAS, the City Council authorizes the City Manager, any Assistant City Manager, the Director of Financial Services, and the City Attorney, as appropriate, or their designees, to 296Wf939 031387 INDEXED review, approve, and execute any document or certificate in order to allow the City to comply with the requirements contained in the Securities and Exchange Commission Rule; and WHEREAS, prior to the issuance of the Certificates, the City Council is required to publish notice of its intention to issue the Certificates in a newspaper of general circulation in the City, such notice stating (i) the time and place the City Council tentatively proposes to pass the ordinance authorizing the issuance of the Certificates, (ii) the maximum amount proposed to be issued, (iii) the purposes for which the Certificates are to be issued, (iv) and the manner in which the City Council proposes to pay the Certificates;and WHEREAS, the City Council hereby finds and determines that such documents pertaining to the sale of the Certificates should be approved, and the City should proceed with the giving of notice of intention to issue the Certificates in the time, form, and manner provided by law; and WHEREAS, the City Council hereby finds and determines that the adoption of this Resolution is in the best interests of the residents of the City; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION I: The City Secretary is hereby authorized and directed to cause notice to be published of the City Council's intention to issue the Certificates in an amount not to exceed $7,500,000 for the purpose of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes, to-wit: (I) the construction of improvements to the City's solid waste facilities, including (without limitation) paying contractual obligations to be incurred with respect to the construction of a waste disposal cell at the Cefe Valenzuela Landfill, (2) the purchase of materials, supplies, equipment, machinery, landscaping, land, and rights-of-way for authorized needs and purposes relating to the aforementioned facilities; and (3)the payment of professional services related to the design, construction, management and financing of the aforementioned projects. The Certificates will be payable from the levy of an annual ad valorem tax, within the limitations prescribed by law, upon all taxable property within the City and additionally from a pledge of and lien on certain revenues derived from the operation of the City's solid waste management system. The notice hereby approved and authorized to be published shall read substantially in the form and content of Exhibit A attached hereto, which notice is incorporated herein by reference as a part of this Resolution for all purposes. SECTION 2: The City Secretary shall cause the notice described in Section I to be published in a newspaper of general circulation in the City, once a week for two consecutive weeks, the date of the first publication shall be at least thirty(30) days prior to the date stated therein for passage of the ordinance authorizing the issuance of the Certificates. SECTION 3: The City Manager, any Assistant City Manager, the Director of Financial Services, and the City Attorney, as appropriate, or their designees, are authorized to review and approve the Official Statement pertaining to the offering, sale, and issuance of the Certificates 39606093 9 -2- and to execute any document or certificate in order to comply with the requirements contained in the Securities and Exchange Commission Rule. SECTION 4. 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. SECTION 5: 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 remain controlling as to the matters resolved herein. SECTION 6: This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 7: 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 8: 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 9: This Resolution shall be in force and effect from and after the date of its adoption, and it is so resolved. [The remainder of this page intentionally left blank] 29606093 9 _3_ PASSED AND APPROVED, this the 20th day of March, 2018. CITY OF CORPUS CHRISTI, TEXAS LA .y,r ATTEST: F • '_AL` s Ci Secretary (CITY SEAL) APPROVED THIS 20th DAY OF MARCH, 2018: M es Risley, City Attorney 29606093 9 S-1 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 a Resolution passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 20th day of March, 2018, relating to establishing the City's intention to publish a notice of intention concerning the issuance of certificates of obligation, which Resolution 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 20th day of March, 2018. Y(el.e-Me- 0—k_t,;/-(A City Secretary (CITY SEAL) 29606093.9 S-2 The foregoing resolution was read and passed on this the 20th day of March, 2018, by the following vote: Rudy Garza I ! Ben Molina i o - , Paulette Guajardo I_4! Lucy Rubio I' d Michael Hunter `� A. Greg Smith IA ! Debbie Lindsey-Opel 1.' hm Ya 0 Joe McComb °i 0 PASSED AND APPROVED, this the 20th day of March, 2018. ATTEST: ii...preLeiez...actee .La IM- Re ecca Huerta J•• cComb City Secretary ay it 29606093.9 S-3 03 1 3S7 Exhibit A NOTICE OF INTENTION TO ISSUE CITY OF CORPUS CHRISTI, TEXAS CERTIFICATES OF OBLIGATION NOTICE IS HEREBY GIVEN that the City Council of the City of Corpus Christi, Texas will convene at its regular meeting place in the City Hall in Corpus Christi, Texas, beginning at 11:30 A.M., Corpus Christi, Texas time on Tuesday, May 8, 2018, to consider at its first reading, and beginning at 11:30 A.M., Corpus Christi, Texas time on Tuesday, May 15, 2018, to consider at its second and final reading the passage of an ordinance or ordinances and take such other actions as may be deemed necessary to authorize the issuance of one or more series of certificates of obligation in an aggregate principal amount not to exceed $7,500,000 for the purpose or purposes of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes, to-wit: (1) the construction of improvements to the City's solid waste facilities, including (without limitation) paying contractual obligations to be incurred with respect to the construction of a waste disposal cell at the Cefe Valenzuela Landfill. (2) the purchase of materials, supplies, equipment. machinery, landscaping, land, and rights-of-way for authorized needs and purposes relating to the aforementioned facilities; and (3)the payment of professional services related to the design, _... construction, management and financing of the aforementioned projects. The certificates of obligation (the Certificates) will be payable from the levy of an annual ad valorem tax, within the limitations prescribed by law, upon all taxable property within the City and from a lien on and pledge of certain revenues derived by the City from the operation of the City's solid waste management system. The Certificates are to be issued, and this notice is given, under and pursuant to the provisions of the Certificate of Obligation Act of 1971, as amended, Texas Local Government Code Section 271.041 through Section 271.064, Subchapter G of Chapter 363, as amended, Texas Health and Safety Code, and the City's Home Rule Charter. /s/ Rebecca Huerta City Secretary, City of Corpus Christi, Texas 29606093 9 A-1 Caller Times PART OF THE USA TODAY NETWORK Certificate of NOTICE OF INTENTION PublicationTO ISSUE CITY OF CORPUS CHRISTI,TEXAS CERTIFICATES OF In Matter of Publication of: OBLIGATION NOTICE IS HEREBY GIVEN that the City Council of the City of Corpus Christi,Texas will convene at its regular meeting place in the City Hall in Corpus Christi,Texas, beginning at 11:30 A.M., CORPUS CHRISTI Corpus Christi, Texas time CITY OF CORPUS CHRISTI on Tuesday, May 8,2018,to consider at its first read- PO BOX 9277 ing, and beginning at 11:30 A.M., Corpus Christi, Texas CORPUS CHRISTI,TX 78469-9277 time on Tuesday, May 15, 2018,to consider at its sec- ond and final reading the passage of an ordinance or ordinances and take such other actions as may be deemed necessary to autho- rize the issuance of one or State of Wisconsin) more series of certificates of obligation in an aggre- ))§ gate principal amount not County of Brown) to exceed$7,500,000 for the purpose or purposes of pay- ing contractual obligations I,being first duly sworn,upon oath depose and say that I am a legal of the City to be incurred for clerk and employee of the publisher, namely, the Corpus Christi making permanent public Caller-Times, a dailynewspaperpublished at Corpus Christi in improvements and for other p. p public purposes, to-wit: (1) said City and State, generally circulated in Aransas, Bee, Brooks, the construction of improve- Duval, Jim Hogg, Jim Wells, Kleberg, Live Oak, Nueces, Refugio, ments to the City's solid and San Patricio, Counties, and that the publication of which the waste utfacilities limitation)including annexed is a true copy, was inserted in the Corpus Christi Caller- contractual obligations to Times on the following dates: be incurred with respect to the construction of a waste disposal cell at the Cefe March 25,2018 Valenzuela Landfill, (2) the April 1,2018 purchase of materials, sup- plies, equipment, machin- ery, landscaping, land, and I rights-of-way for authorized needs and purposes relat- ing to the aforementioned facilities; and (3) the pay- ment of professional ser- Leg. Clerk vices related to the design, construction, manage- ment and financing of the On this April 2 018, I certify that the attached document is a true aforementioned projects. and exact copy made by publisher. The certificates of obliga- tion (the Certificates) will be payable from the levy of an annual ad valorem tax, • G�I�. �i within the limitations pre- scribed by law, upon all taxable property within the Notary OPuc,Stat o ISCOn in,County of Brown City and from a lien on and pledge of certain revenues derived by the City from the operation of the City's solid waste management sys- tem.The Certificates are to be issued, and this notice is given, under and pursu- s�ttttttli�l�l� ant to the provisionsoof the \\\ `! FFAct Ty' C�%,� of 1971, as te amended!Texas -Vs*' %i Local Government Code _ Section 271.041 through :' �OTAR y — Section 271.064,Subchapter G of Chapter 363,as amend- _ Epp•401. - ed,Texas Health and Safety ' PIJg��G 2= Code, and the City's Home •, Rule Charter. •. �� /s/Rebecca Huert p �$' City Secretary ''///4.. ���/F OFW 1� \\��.� �tCity of Corpus Christi,Texas Ad#: 1964577 P.O.: #of Affidavits:0 NOTICE OF INTENTION TO ISSUE CITY OF CORPUS CHRISTI,TEXAS CERTIFICATES OF OBLIGATION NOTICE IS HEREBY GIVEN that the City Council of the City of Corpus Christi,Texas will convene at its regular C\J meeting place in the City �1 Hall in Corpus Christi,Texas, beginning at 11:30 A.M., _ Corpus Christi, Texas time on Tuesday, May 8, 2018,to consider at its first read- ing, and beginning at 11:30 A.M.,timexas Corpus on Tuesday,uesday, Maye 15, rJ i 2018,to consider at its sec- "z and final reading the —= passage of an ordinance or ordinances and take such c a other actions as may be deemed necessary to autho- rizeo the issuance of one or more series of certificates of obligation in an aggre- gate principal amount not to exceed$7,500,000 for the purpose or purposes of pay- ing contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes, to-wit: (1) the construction of improve- ments to the City's solid waste facilities, including (without limitation) paying contractual obligations to be incurred with respect to the construction of a waste disposal cell at the Cefe Valenzuela Landfill, (2) the purchase of materials, sup- plies, equipment, machin- ery, landscaping, land, and rights-of-way for authorized needs and purposes relat- ing to the aforementioned facilities; and (3) the pay- ment of professional ser- vices related to the design, construction, manage- ment and financing of the aforementioned projects. The certificates of obliga- tion (the Certificates) will be payable from the levy of an annual ad valorem tax, within the limitations pre- scribed by law, upon all taxable property within the City and from a lien on and pledge of certain revenues derived by the City from the operation of the City's solid waste management sys- tem.The Certificates are to be issued, and this notice is given, under and pursu- ant to the provisions of the Certificate of Obligation Act of 1971, as amended, Texas Local Government Code Section 271.041 through Section 271.064,Subchapter G of Chapter 363,as amend- ed,Texas Health and Safety Code, and the City's Home Rule Charter. /s/Rebecca Huert City Secretary City of Corpus Christi,Texas