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HomeMy WebLinkAboutContract 27837 07-03-02 PO4 :51 IN CITY SECRETARY CONTRACT NO. GENERAL CERTIFICATE OF CITY OF FORT WORTH THE STATE OF TEXAS COUNTY OF TARRANT CITY OF FORT WORTH We, the undersigned City Manager and City Secretary of the City of Fort Worth, Texas (the "City")hereby certify as follows: 1. That this certificate is executed for the benefit of the Attorney General of the State of Texas and the prospective owners of the proposed TRINITY RIVER AUTHORITY OF TEXAS CITY OF FORT WORTH WATER AND WASTEWATER TRANSMISSION CONTRACT(SENDERA RANCH PROJECT)REVENUE BONDS, SERIES 2002,dated July 1, 2002 (the"Bonds"), authorized by a resolution adopted by the Board of Directors of the Trinity River Authority of Texas (the "Authority") on June 26, 2002. 2. That said City is a duly incorporated Home Rule City, having more than 5000 inhabitants,operating and existing under the Constitution and laws of the State of Texas and the duly adopted Home Rule Charter of said City, which Charter has not been changed or amended since the passage of the ordinance authorizing the most recently issued Series of outstanding obligations of the City approved by the Texas Attorney General. 3. That no litigation of any nature has ever been filed pertaining to, affecting or contesting: (a)the execution or delivery,payment,security or validity of the contract by and between the City and Authority dated June 26, 2002 (the "Contract"); (b) the title of the present members and officers of the City Council of said City to their respective offices; or (c)the validity of the corporate existence or the Charter of said City. 4. That the statements and information set forth in the Official Statement,dated June 26, 2002, pertaining to the City and the Bonds, and particularly the City's operating statements, debt service requirements, revenues, taxable values, rates for water and sewer services(which rates have been set by City Ordinance now in effect), and other information set forth therein are true and correct in all material respects. 5. That the Contract is still in fall force and effect, has not been amended or rescinded, no litigation is pending relating to the authority of the City to enter into the Contract and no default exists in connection therewith. 6. That the Contract has been duly authorized by Mayor and Council Communication No. C-19112, approved on June 4,2002 in full compliance with the Charter of the City and applicable law. HMO CAW %E Cc R E 14 1 y HMO 7. That the signatures on the Contract are the true and correct signatures of the City Manager of the City and the duly authorized City Secretary of the City. 8. That the City has no outstanding bonds payable solely from water system revenues of the City. 9. That the historical revenues and expenses(in thousands of dollars) of the City's Waterworks and Sewer System are as follows: 2001 2000 1999 Revenues 251,668 203,864 191,307 Expenses 120,695 116,447 105,720 Net Revenues 130,973 87,417 85,587 [The balance of this page is intentionally left blank.] SIGNED the day of , 2002. ATTEST: CITY OF FORT WORTH Gloria Pe son Marc Ot. City Secretary Assistant City Manager (CITY SEAL) App oved as to Form: contract Authorization Assistant City Attorney Date Before me on this day personally appeared the foregoing individuals known to me to be the persons whose true and genuine signatures were subscribed to the foregoing instrument in my presence. Given under my hand and seal of office this C:-)'0D1)- 1�►v RONALD P. GONZALES C?7�1,- Notwy STATE OF TEXAS Notary Public s}q�OF Icy Com.Exp.05/17/2 (My Commission Expires ) (Notary Seal) oxncw NCO fdry Nil- �J010��_!�W Bg Trinity River Authority of Texas Northern Region Office 12004 June 27, 2002 Mr. Frank Crumb Assistant Director Fort Worth Water Department 1000 Throckmorton Drive Fort Worth, Texas 76102 RE: Trinity River Authority of Texas- City of Fort Worth Water and Wastewater Transmission Contract (Sendera Ranch Project) Closing Certificate and General Certificate Dear Frank: Enclosed for execution by the City of Fort Worth are the following documents that must be executed in order to complete the issuance of bonds for the above referenced project: 1. Eight(8) copies of the Closing Certificate for the issuance of the Sendera Ranch Project Revenue Bonds, Series 2002, in the principal amount of$10,560,000. Please have the City Manager and the City Secretary sign and seal the Closing Certificate as indicated and return all eight (8) copies to the Authority. Please do not date this Closing Certificate. 2. Eight (8) copies of the General Certificate that is required to be submitted to the Attorney General's office. Please have the City Manager and City Secretary sign and seal the General Certificate as indicated, and have this document notarized. Please do not date these Certificates. Please return all eight(8) signed - Certificates to the Authority. If you have any questions, please contact me. Sincerely, BILL R. SMITH Manager, Development Northern Region BRS/vaw P.nCF.leepm Arlington,Texas 76004-0240 (817)493-5100 Recycled Paper City of Fort Worth, Texas qVINNOW and Council col"I"Unicatio DATE REFERENCE NUMBER LOG NAME PAGE 6/4/02 **C-19112 60FINANCING 1 of 1 SUBJECT AGREEMENT BETWEEN THE CITY OF FORT WORTH AND THE TRINITY RIVER AUTHORITY OF TEXAS FOR FINANCING THE CONSTRUCTION OF OFFSITE WATER AND SEWER MAINS FOR THE SENDERA RANCH DEVELOPMENT RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an agreement between the City of Fort Worth and the Trinity River Authority of Texas for financing the construction of offsite water and sewer mains for the Sendera Ranch Development. DISCUSSION: On December 11, 2001 (M&C C-18878), the City Council approved a Developer's Agreement between the City of Fort Worth and Sendera Ranch, Ltd. One of the requirements of this agreement was that the City would construct offsite water and sanitary sewer mains from an existing sewer main in the Trinity River Authority service area east of the development to the southeastern boundary of the development. The Trinity River Authority (TRA) has agreed to provide financing for the design and construction of the water and sewer infrastructure since the Sendera Ranch Development is located in the TRA service area served by the Denton Creek Wastewater Treatment Plant. This agreement provides for the TRA to issue bonds payable from and secured by payments made by the City, sufficient to fund the cost of design and construction of the required facilities in the amount of $11,200,000. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds for this agreement are not required at this time. Sufficient funds will be budgeted in the Water and Wastewater Fund and payments to TRA will be accomplished through the operating fund. BG:n Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Bridgette Garrett(Acting) 6140 Originating Department Head: Dale Fisseler 8207 (from) Additional Information Contact: Dale Fisseler 8207