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HomeMy WebLinkAboutResolution 3514-08-2007A Resolution N~ 3514-08-2007 DIRECTING THE CITY MANAGER AND CITY STAFF TO PROCEED IN EFFECTING THE DEFEASANCE OF CERTAIN OUTSTANDING TAX SUPPORTED INDEBTEDNESS OF THE CITY OF FORT WORTH, APPROVING THE EXECUTION OF AN ESCROW AGREEMENT IN RESPECT TO SUCH DEFEASANCE AND RESOLVING OTHER MATTERS RELATED THERETO WHEREAS, the City Council of the City of Fort Worth, Texas (the 'Council') has determined that rt is m the best interest of the Crty of Fort Worth, Texas (the 'City") to effect the defeasance of certain of the outstanding tax supported indebtedness of the City from lawfully .available funds of the City as such obligations are described in Exhibit A attached hereto (the 'Obligations') and WHEREAS, the City Manager has advised the Council that it is the intention to effect the defeasance of the Obligations on or before September 5 2007 and WHEREAS the Crty Manager has advised the Council that rt is iri the best interest of the Crty that an escrow agreement be executed for the .purpose of placing into escrow the funds necessary to ,effect the defeasance of the Obligations and to provide for the investment of such funds. held m escrow for such purpose NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS THAT 1 The Crty Manager and the Crty's Chief Financial Officer are hereby directed to proceed with taking such steps as shall be necessary to effect the defeasance of the Obligations on or before September 5 2007 2. The Escrow Agreement between the City and Wells Fargo Bank, National Association, as escrow agent (the 'Escrow Agent"), in substantially the form attached to this Resolution, is hereby approved, and the City Manager and City Secretary are hereby :authorized to be executed and deliver such Escrow Agreement staff to the Escrow Agent in connection with the defeasance of the Obligations. 3 The City Manager is hereby authorized to take such steps as are necessary to cause notice of redemption for the Obligations that shall be subject to redemption as described m Exhibit A to be made in accordance with the terms of the ordinances authorizing the issuance of the Obligations so called for redemption. ! - _ - - 4 The City Manager the Chief Financial Officer of the City any Assistant Crty Manager the Director of Finance, the City Secretary or any Assistant Crty Secretary and all other officers, employees, and agents of the City and each of them, shall be and they are hereby expressly authorized, ~ empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and under the corporate seal and on behalf of the Crty all such instruments, whether herein mentioned, as may be necessary or desirable m order to carry out the terms and provisions of this Resolution and the Escrow Agreement. ADOPTED this 14th day of August 2007 i ~~ n .~ ,~ ~~r'_ € w J~ ,,,:1Vlarty Hendrix `; City Secretary ~ *,~ \ .. .; ~ a. f f 1 ~" i i i e APPROVED CITY COUNCIL i AUG 1 4 2007 cicy se®f cicy of F~Yt ~Rea~e„ ~'~x~ i e ~ - -- - ~f~~ ~1~ ~~~~ ~~'~~' City of Fort Worth, Texas Mayor and Council Communication _ ~_ ~ ~ _~ COUNCIL ACTION Approved on 8/14/2007 Resolution # 3514-08-2007 & Ordinance #17703- 08-2007 DATE Tuesday August 14 2007 LOG NAME 13DEBTDEFEASANC REFERENCE NO G-15827 SUBJECT Adopt Resolution Authorizing the Cash Defeasance of Certain Tax Supported Debt and Authorize Execution of Related Escrow Agreement with Wells Fargo Bank, N A. and Adopt Supplemental Appropriation Ordinance ,r RECOMMENDATION It is recommended that the City Council 1 Adopt the attached supplemental appropriation or Fund in the amount of $48 000 000 and decreasing amount; linance increasing appropriations in the Debt Service unreserved undesignated fund balance by the same 2. Adopt the attached resolution authorizing the defeasance of certain tax supported debt; and 3 Authorize the City Manager to execute an Escrow Agreement with Wells Fargo Bank, N A. to serve as paying agent in effectuating the recommended debt defeasance subject to any non-material changes that may be acceptable to the City Attorney DISCUSSION The defeasance of certain tax supported debt was included in upcoming debt issues presented to Council during the budget presentation on June 15 and 16 and again on July 10 2007 Staff proposes utilizing excess debt service fund balance to defease approximately $48 000 000 in outstanding tax supported debt. This action will provide additional capacity for new debt related to current capital needs The defeasance amount is based on Fiscal Year 2006 ending fund balance and Fiscal Year 2007 estimated excess revenues. The $48 000 000 appropriated under the attached ordinance will be deposited into an escrow account with Wells Fargo Bank, N A. which will act as paying agent for the City in discharging the debt covered by the attached Escrow Agreement. FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that upon approval of the above recommendations, contingent upon FY2007 excess overage of $7M and the adoption of the attached supplemental appropriation ordinance funds will Logname 13DEBTDEFEA5ANC Page 1 of 2 be available in the current operating budget, as appropriated of the Debt Service Fund TO Fund/Account/Centers FROM Fund/AccountlCenters GD06 551010 0132000 $48,000.000.00 GD06 551010 0132000 $48,000,000.00 Submitted for City Manager's Office ~• Karen Montgomery (6222) Originating Department Head Lena Ellis (8517) Additional Information Contact: Mae Gray-Rossi (8325) Logname 13DEBTDEFEASANC Page 2 of 2