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HomeMy WebLinkAbout032763 RES - 05/17/2022 RESOLUTION A RESOLUTION APPROVING THE PRINCIPAL FORGIVENESS AGREEMENT CLEAN WATER STATE REVOLVING FUND AND AN ESCROW AGREEMENT RELATING.THERETO; AUTHORIZING ANY AUTHORIZED OFFICIAL, OR THEIR DESIGNEES, TO EXECUTE ANY AND ALL DOCUMENTS RELATED THERETO;AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS; the City of Corpus Christi, Texas (the City) deems it necessary to request additional financial assistance from the Texas Water Development Board(the Board)as evidenced by a 2022 Principal Forgiveness Agreement Clean Water State Revolving Fund; and WHEREAS, in accordance with the rules and regulations of the Board, which_govern the procedures in making this request, the governing body of the City is required to pass a resolution to accompany this request; now,therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFCORPUS CHRISTI, TEXAS THAT: 1. It is hereby- found and determined that the City cannot reasonably finance the proposed project without the financial assistance of the Board in the amount requested in the City's resolution authorizing the filing of an application(the Application)with the Board. 2. . The Mayor, City Manager, the Chief Financial Officer, the Director of Financial Services, and City Secretary of the City (each, an Authorized Official) are hereby authorized to execute and submit to the Board: the Principal Forgiveness Agreement Clean Water State Revolving Fund and the Escrow Agreement, and any Authorized Official, together with the bond counsel, financial advisors and consulting engineers named in the Application, are authorized to appear before the Board in support of the Application and this additional request. 3.. Each Authorized Official is further specifically authorized to make any required assurances to the Board in accordance with the rules, regulations, and policies of the Board. 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 arid findings of the City. 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and resolutions,or parts thereof,which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. 6. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. 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 104253872.4 - 1 - 7 � � SCANNED� o32 such provision to other persons and circumstances shall nevertheless be valid,and the City hereby declares that this Resolution would have been enacted without such invalid provision. 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. 9. This resolution shall be in force and effect from and after its passage on the date. shown below. [The remainder of this page intentionally left blank] 104253872.4 =2 - PASSED AND APPROVED, this the 17th day of May, 2022. CITY OF CORPUS CHRISTI,TEXAS L_ /110AJ de) ayor ATTEST: ReAOLe,C6--- LAJ2 City Secretary N(CIiii:SEAL) APPROVED THIS 17th DAY OF MAY,2022: 2Z X ) Miles Risley, City Attorney Signature page to the Principal Forgiveness Resolution -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 17th day of May, 2022, 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 17th day of May, 2022. Ttl-eCU\ City Secretary (CITY SEAL) Signature page to the Principal Forgiveness Resolution - S-2- PASSED AND APPROVED on the 17th day of May, 2022: Paulette Guajardo Roland Barrera /� Gil Hernandez !`t`''L Michael Hunter P Billy LermaI "--YL-At John Martinez Ben Molina Mike Pusley Greg Smith ATTEST: CITY OF CORPUS CHRISTI lJ Vt ae..,,t Rebecca Huerta Paulette Guajard o City Secretary Mayor Signature page to the Principal Forgiveness Resolution - S-3 - 0 3 2 7 6 3 1 EXHIBIT A PRINCIPAL FORGIVENESS AGREEMENT CLEAN WATER STATE REVOLVING FUND SEE TAB NO._ 104253872.4 A-1 EXHIBIT B ESCROW AGREEMENT SEE TAB NO. 104253872.4 B-1