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HomeMy WebLinkAbout033064 ORD - 06/13/2023ORDINANCE NO. ORDINANCE BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS AUTHORIZING THE ISSUANCE OF ITS UTILITY SYSTEM SENIOR LIEN REVENUE IMPROVEMENT AND/OR REFUNDING BONDS IN ONE OR MORE SERIES (AS DESIGNATED BY PURPOSE AND SERIES) FOR WATER, WASTEWATER, AND STORMWATER UTILITY IMPROVEMENTS IN AN AMOUNT NOT TO EXCEED $114,000,000 AND REFINANCINGS IN AN AMOUNT NOT TO EXCEED $186,645,000, WITHIN SET PARAMETERS AND ACCORDING TO THE PLAN OF FINANCE SET BY THE CITY'S FINANCIAL ADVISORS; MAKING PROVISIONS FOR THE PAYMENT AND SECURITY THEREOF BY A FIRST AND PRIOR LIEN ON AND PLEDGE OF THE NET REVENUES OF THE CITY'S UTILITY SYSTEM ON A PARITY WITH CERTAIN CURRENTLY OUTSTANDING UTILITY SYSTEM REVENUE OBLIGATIONS; STIPULATING THE TERMS AND CONDITIONS FOR THE ISSUANCE OF ADDITIONAL REVENUE BONDS ON A PARITY THEREWITH; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, AND DELIVERY OF ONE OR MORE SERIES OF BONDS, INCLUDING THE APPROVAL AND DISTRIBUTION OF ONE OR MORE OFFICIAL STATEMENTS PERTAINING THERETO; AUTHORIZING THE EXECUTION OF ONE OR MORE PAYING AGENT/REGISTRAR AGREEMENTS, ONE OR MORE ESCROW AGREEMENTS, AND ONE OR MORE PURCHASE CONTRACTS; COMPLYING WITH THE REQUIREMENTS IMPOSED BY THE LETTER OF REPRESENTATIONS PREVIOUSLY EXECUTED WITH THE DEPOSITORY TRUST COMPANY; DELEGATING AUTHORITY TO THE CITY MANAGER, CHIEF FINANCIAL OFFICER, DIRECTOR OF FINANCE AND PROCUREMENT TO EXECUTE CERTAIN DOCUMENTS RELATING TO THE SALE OF EACH SERIES OF BONDS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the City Council) of the City of Corpus Christi, Texas (the City) has heretofore issued, and there are currently Outstanding, revenue bonds (the Previously Issued Parity Obligations) secured by a first and prior lien on and pledge of the Net Revenues (hereinafter defined) of the City's combined utility systems (as further described and defined herein, the System); and WHEREAS, in the City ordinances authorizing the issuance of the Previously Issued Parity Obligations, the City reserved the right to issue revenue bonds on a parity with the Previously Issued Parity Obligations (hereinafter defined) from time to time outstanding; and WHEREAS, the City Council has heretofore issued, and there are currently outstanding, obligations supported by a lien on and pledge of the Net Revenues of the System that are inferior to the lien thereon and pledge thereof securing the Previously Issued Parity Obligations (the Previously Issued Subordinate Lien Obligations); and 133883231.6 033 064 SCANNED • Caller imes PART OF THE USA TODAY NETWORK: Certificate of Publication CITY OF CORPUS CHRIS TI -SECRETARY PO BOX 9277 CORPUS CHRISTI, TX 78401 STATE OF WISCONSIN) )) COUNTY OF BROWN) I, being first duly sworn, upon oath depose and say that I am a legal clerk and employee of the publisher, namely, the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City and State,generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg,Jim Wells, Kleberg, Live Oak, Nueces, Refugio, and San Patricio, Counties, and that the publication of which the annexed is a true copy,was inserted in the Corpus Christi Caller-Times in the following issue(s)dated: 04/16/2023 On this April 16,2023, I certify that the attached document is a true and exact copy made by the publisher: Legal Notice CI k Notary Public, State of Wisconsin, County of Brown CilAd Notary Expires VICKY FELTY Notary Public Publication Cost: $688.85 Ad No: 0005665683 State of Wisconsin Customer No: 1490432 PO#: 5665683 #of Affidavits 1 This is not an invoice 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 23, 2023, to consider at its first reading, and beginning at 11:30 A.M., Corpus Christi, Texas time on Tuesday, June 13, 2023, 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, as taxable or tax-exempt obligations, in on aggregate principal amount not to exceed $15,000,000 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, t0•Wlt: (1) (a) constructing, acquiring, purchasing, renovating, enlarging, and Improving City solid waste facilities, Including generators and municipal landfill waste disposal cells, (bi constructing, acquiring, purchasing, renovating, enlarging, and improving City Public safety facilities and signage, including a Police Academy, and (c) constructing, acquiring, Purchasing, renovating, enlarging, and improving City park facilities, including City golf courses; (2) the purchase of materials, supplies, equipment, machinery, landscaping, land, and rights-of-way for authorized needs and purposes relating to Me aforementioned projects; and (3) the payment of professional services related to the design, construction, management and financing of the aforementioned projects; 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. In accordance with Section 271.049, as amended, Texas Local Government Code, (i) the current principal amount of all of the City's outstanding public securities secured by and payable from ad valorem taxes is 4ddR.VSS.Mf1; (ill fhe • current combined principal and interest required to pay all of the City's outstanding public • ' securities secured by and payable from ad valorem taxes on time and in full is $582,722,346; (iii) the estimated combined principal and interest required to pay the Certificates to be authorized on time and in full is $22,338,299; (iv) the maximum interest rote for the Certificates may not exceed the maximum legal interest rate; and (v) the maximum maturity date of the Certificates to be authorized is March 1,2043, The Certificates are to be issued, and this notice is given, under and pursuant to the provisions of the Certificate of Obligation Act of 1911, as amended, Texas Local Government Code Section 271.041 through Section 271.064, Subchapter G of Chapter 363, as amended, Texas Health and Safety Cade, and the City's Home Rule Charter. Is!Rebecca Huerta_ City Secretary, City of Corpus Christi, Texas • Caller Times FART of THE USA 107)4Y N E_TWOR+:: Certificate of Publication CITY OF CORPUS CHRIS TI -SECRETARY PO BOX 9277 CORPUS CHRISTI, TX 78401 STATE OF WISCONSIN) )) COUNTY OF BROWN) I, being first duly sworn, upon oath depose and say that I am a legal clerk and employee of the publisher, namely,the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval,Jim Hogg,Jim Wells, Kleberg, Live Oak, Nueces, Refugio, and San Patricio, Counties, and that the publication of which the annexed is a true copy,was inserted in the Corpus Christi Caller-Times in the following issue(s)dated: 04/23/2023 On this April 23, 2023, I certify that the attached document is a true and exact copy made by the publisher: ,4 &(4,_______ egal Notice Clerk Notary Pdr te of isconsin, ounty of Brown 6t/Nli Notary Expires VICKY FELTY Notary Public Publication Cost: $688.85 State of Wisconsin Ad No: 0005665688 Customer No: 1490432 PO#: 5665688 #of Affidavits) This is not an invoice 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 23, 2023, to consider at its first reading, and beginning at 11:30 A.M., Corpus Christi, Texas time on Tuesday, June 13, 2023, to consider at its second and final reading the passage of on 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, as taxable or tax-exempt obligations, in art aggregate principal amount not to exceed $15,000,000 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) (o) constructing, acquiring, purchasing, renovating, enlarging, and improving City solid waste facilities, Including generators and municipal landfill waste disposal cells, (b) constructing, acquiring, purchasing, renovating, enlarging, and Improving City public safety facilities and signage, including a Police Academy, and (c) constructing, acquiring, purchasing, renovating, enlarging, and improving City pork facilities, including City golf courses; (2) the purchase of moterials, supplies, equipment, machinery, landscaping, land, and rights-at-way for authorized needs and purposes relating to the aforementioned projects; and (3) the payment of professional services related to the design, construction, management and financing of the aforementioned projects; and (3) the payment of professional services related to the design, construction, management and financing of the aforementioned projects. 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