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HomeMy WebLinkAboutOrdinance 20805-07-2013 ORDINANCE NO{�-014 2013 DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION; AND ORDAINING OTHER MATTERS RELATING TO THE SUBJECT WHEREAS, the City of Fort Worth expects to pay expenditures in connection with the design, planning, acquisition and construction of the projects described in Exhibit A to this Ordinance prior to the issuance of the Certificates of Obligation hereinafter described; and WHEREAS, the City Council hereby finds, considers and declares that the reimbursement of the payment by the City of such expenditures will be appropriate and consistent with the lawful objectives of the City and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 of the U.S. Treasury Regulations, to reimburse itself for such payments at such time as it issues the hereinafter described Certificates of Obligation; and WHEREAS, it is hereby officially found and determined that the meeting at which this Ordinance was considered was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: Section 1. That attached hereto and marked "Exhibit A" is a form of notice, the form and substance of which are hereby passed and approved. Section 2. That the City Manager shall cause said notice to be published, in substantially the form attached hereto, in a newspaper of general circulation in the City of Fort Worth, Texas, for two consecutive weeks, the date of the first publication to be before the thirtieth (30th) day before the day tentatively proposed for authorizing the issuance of the Certificates of Obligation as shown in said notice. Section 3. That the facilities and improvements to be financed with proceeds from the proposed Certificates of Obligation are to be used for the purposes described in the attached Notice of Intention. Section 4. That all costs to be reimbursed pursuant to this Ordinance will be capital expenditures; the proposed Certificates of Obligation shall be issued within 18 months of the later of(i) the date the expenditures are paid or (ii) the date on which the property, with respect to which such expenditures were made, is placed in service; and the foregoing notwithstanding, the Certificates of Obligation will not be issued pursuant to this Ordinance on a date that is more than three years after the date any expenditure which is to be reimbursed is paid. Section 5. That this Ordinance shall be effective immediately from and after its passage in accordance with the provisions of Section 2 of Chapter 25 of the Charter of the City, and it is accordingly so ordained. PASSED AND APPROVED this the 16th day of July, 2013. t i u�Lk�ayor, City F orth, Texas C 0fr F ATTEST: p X4,0900 O00 �. 0 oQ�C% 0 0� ity Secreta ity f $ Q Fort Worth, Texas �� gyp' 000 00 *aY '! 00000 a APPROVED AS TO FORM: hU.ua�°4 City Att o y, City of Fort Worth, Texas (SEAL) Signature Page—Ordinance Authonnng Publication of Notice of Intent to Issue Certificates of Obligation EXHIBIT A NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION NOTICE IS HEREBY GIVEN that it is the intention of the City Council of the City of Fort Worth, Texas, to issue one or more series of the interest bearing certificates of obligation of the City to be entitled "City of Fort Worth, Texas Combination Tax and Revenue Certificates of Obligation", for the purpose of paying contractual obligations to be incurred by the City, to-wit, the acquisition of a maintenance facility located at 5001 James Street, Fort Worth, Texas 76115 (the "Maintenance Facility"); the construction and reconstruction of streets (including arterial bridges and arterial access) and related drainage and sidewalk improvements throughout the City; the acquisition of traffic signals and related traffic and communications equipment; the acquisition of equipment with respect to the City's traffic safety program; the acquisition of firefighting and related equipment for use by the City's fire department; the construction of park improvements throughout the City, including, but not limited to, walks and trails, athletic fields and lighting, nature center boardwalk, and a new community center located in south central Fort Worth, Council District 9; and the payment of fiscal, engineering and legal fees incurred in connection therewith. The Maintenance Facility currently is owned by Service Center Relocation, Incorporated (the "Corporation"), a local government corporation created in 2004 by the Fort Worth City Council to act on behalf of the City in furtherance of the promotion, development, encouragement and maintenance of employment, commerce, economic development and public facility development in the City. The City leases the Maintenance Facility in accordance with the terms of a Lease with an Option to Purchase Agreement between the City and the Corporation (the "Agreement"). The purchase price for the Maintenance Facility is established by the existing terms of the Agreement, and the Corporation shall use the purchase price paid by the City to acquire the Maintenance Facility to refund all of its outstanding Lease Revenue Bonds, Series 2004, issued to finance the acquisition, construction and equipping of the Maintenance Facility, to achieve a present value debt service savings with respect to the current lease payments made by the City for use of the Maintenance Facility. The City Council tentatively proposes to authorize the issuance of said series (one or more) of Certificates of Obligation at its regular meeting place in the City Hall at a meeting to commence at 10:00 o'clock a.m., on the 20th day of August, 2013. The maximum amount of Certificates of Obligation indebtedness that may be authorized to be sold on said date for such purposes described above is $74,000,000. The City Council presently proposes to provide for payment of said series (one or more) of Certificates of Obligation from the levy of ad valorem taxes and from a limited pledge (not to exceed $1,000) of surplus revenues derived from the operation of the City's water and sewer system. CITY OF FORT WORTH, TEXAS /s/ Betsy Price Mayor THE STATE OF TEXAS : COUNTIES OF TARRANT, DENTON PARKER AND WISE CITY OF FORT WORTH I, Mary Kayser, City Secretary of the City of Fort Worth, in the State of Texas, do hereby certify that I have compared the attached and foregoing excerpt from the minutes of the regular, open, public meeting of the City Council of the City of Fort Worth, Texas held on July 16 2013, and of the ordinance authorizing the publication of notice of intention to issue Certificates of Obligation, which was duly passed at said meeting, and that said copy is a true and correct copy of said excerpt and the whole of said ordinance. 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 Chapter 551, Texas Government Code, as amended. In testimony whereof, I have set my hand and have hereunto affixed he seal of said City of Fort Worth, this day of July, 2013. City SecretaVorth,f the City of Fort exas o (SEAL) 0 °°0000°° .cy