The URL can be used to link to this page

Home My WebLink AboutResolution 4360-09-2014 l CERTIFICATE FOR RESOLUTION THE STATE OF TEXAS § CITY OF FORT WORTH § I, the City Secretary of the City of Fort Worth, Texas (the "City"), hereby certify as follows: The City Council of Fort Worth, Texas convened in regular meeting on the 23rd day of September, 2014, at the regular meeting place, and the roll was called of the duly constituted officers and members of said City Council, to-wit: C� Betsy Price Mayor Salvador Espino City Councilmember W.B. Zimmerman City Councilmember Danny Scarth City Councilmember Gyna Bivens City Councilmember Jungus Jordan City Councilmember Dennis Shingleton City Councilmember Kelly Allen Gray City Councilmember Ann Zadeh City Councilmember and it was found and determined that a quorum was present. Whereupon, among other business, the following was transacted at said meeting: A written RESOLUTION APPROVING, FOR PURPOSES OF SECTION 147(f) OF THE INTERNAL REVENUE CODE, A LOAN TO BE MADE BY THE HACKBERRY CULTURAL EDUCATION FACILITIES FINANCE CORPORATION TO TEXAS WESLEYAN UNIVERSITY AND OBLIGATIONS ISSUED IN CONNECTION THEREWITH FOR THE FINANCING OF A PROJECT WITHIN THE CITY OF FORT WORTH, TEXAS AND THE FACILITIES TO BE FINANCED WITH THE PROCEEDS OF THE LOAN was introduced for the consideration of said City Council and read in full. It was then duly moved and seconded that said Resolution be passed; and, after due discussion, said motion, carrying with it the passage of said Resolution, prevailed and carried by the following vote: AYES:I NOES:, ABSTENTIONS: That a true, full and correct copy of the aforesaid Resolution passed at the meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Resolution has been duly recorded in the minutes of said Meeting; that the above and foregoing paragraph is a true, full and correct excerpt from the minutes of said"Meeting pertaining to and passage of said Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting members of said City Council as indicated therein; that each of the members of said City Council was duly and sufficiently notified officially and personally, in advance, of the time, place and purpose of the aforesaid Meeting, , n CII and that said Resolution would be introduced and considered for passage at said Meeting, and each of said members consented, in advance, to the holding of said Meeting for such purpose; and that 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 the provisions of Chapter 551, Texas Government Code, as amended. SIGNED AND SEALED THIS r day of September, 2014. r ry a r, i ecretary C� i i A Resolution i NO. 4360-09-2014 APPROVING, FOR PURPOSES OF SECTION 147(f) OF THE INTERNAL REVENUE CODE, A LOAN TO BE MADE BY THE HACKBERRY CULTURAL EDUCATION FACILITIES FINANCE CORPORATION TO TEXAS WESLEYAN i UNIVERSITY AND OBLIGATIONS ISSUED IN CONNECTION THEREWITH FOR THE FINANCING OF A PROJECT WITHIN THE CITY OF FORT WORTH, TEXAS AND THE FACILITIES TO BE FINANCED WITH THE PROCEEDS OF THE LOAN WHEREAS, a tax-exempt loan (the "Loan") is to be made by Hackberry Cultural Education Facilities Finance Corporation (the "Issuer") to Texas Wesleyan University (the "University") I pursuant to the terms of a loan agreement to be entered by and among the Issuer, the University and Capital One Municipal Funding, Inc., or one or more of its affiliates, which Loan will finance a project described in Exhibit A hereto (the "Project")in an amount not to exceed $6,700,000; WHEREAS, the Project is located within the City of Fort Worth, Texas, and in order to satisfy as tax exempt under the requirements of Section 147(f) of the Internal Revenue Code of 1986, + as amended (the "Code"), the Loan and any obligations to be issued in connection therewith and the Project to be financed or refinanced with the proceeds thereof must be approved by the governing body or the highest elected official of the governmental unit within which the Project is located after a public hearing following reasonable notice (the "TEFRA Hearing"); i WHEREAS, attached hereto as Exhibit A is an Affidavit of Publication containing the notice of the TEFRA Hearing as published and a Certificate of Public Hearing describing the proceedings from such hearing executed by Karen Montgomery, Vice President-Finance and Administration of the University, whose designation as the duly qualified and appointed Hearing Officer is confirmed; WHEREAS, it is deemed necessary and advisable that this Resolution be adopted; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS THAT: 1. That, solely for purposes of satisfying Section 147(f) of the Code, the City Council, as the elected legislative body having jurisdiction over the area in which the facilities proposed to be I C'' ! financed are located, hereby approves the Loan and any obligations to be issued in connection therewith and the Project to be financed with the proceeds thereof. j ORTWO T Resolution No.4360-09-2014 i f 2. That the foregoing approval is given solely for the purpose of complying with the provisions of Section 147(f) of the Code and for no other purpose and is not to be construed as an undertaking by the City of Fort Worth. The Loan and any obligations issued in connection therewith shall in no way constitute an obligation, indebtedness, or liability of the City of Fort Worth, Texas, or any other political subdivision, agency or corporate body, nor shall any assets of the City of Fort 1 Worth be pledged to the payment of the Loan or any obligations issued in connection therewith. i 1!+ ADOPTED and EFFECTIVE this 23rd day of September, 2014. Betsy e LY Mayor, City of ort W h, Texas j Mary J. Kayser i ®°® ° / o o� i Secr g 0� $ a o i I APPROVED AS TO FORM AND LE CIS Sarah Fullenwider I I City Attor y I ORT WORT f I EXHIBIT A I AFFIDAVIT OF PUBLICATION AND CERTIFICATE OF PUBLIC HEARING f i I �I I i I' k �t t . i I C�01 STATE OF TEXAS COUNTY OF TARRANT i Bef i e,a Notary Public in d for said County and State,this day j I personally appeared at i ,Advertising Representative for the Star-Telegram,published by the Star-Telegram,Inc.a Worth,in Tarrant County,Texas and j �+ distributed in other surrounding Counties;and who,after being Htdy sworn,did dispose and say that the following clipping of an advertisement was published in the above named paper on the following dates: I I j Legal Notices N I NOTICE OF-PUBLIC HEARiMG REGARDING THE ISSUANCE OF BONDS l Notice is hereby given of a public hearing to Wield at 4:00 p.m.on / Signe ember 1&2014 on the cam s of exas Wesleyan t mversfftty the C �( University's in the Oneaa Sells Subscribed and sworn to before me,this the day of 1ti�0_ Administration Building,3rd Floor, Finance and Administration con. ference Room, 1201 Wesleyan _ Street,Fort Worth,Texas,on the Dra issuance by the Hadd�erry 7 1 A 1�,��, J Cufturai Education Facilities FI- Notary Public � [xJ. i/ / u.y nance Corporation of one or more Tarrant County,Texas of bonds or notes (the fl�nancin.g r hea purpose of (i) ng Portion of the costs Of acquiring and installing energy Perfornwnce and conserva- tion equipment in certain buildings 4 and facilities throughout the and Of the University located I DEBRA W.MORRIS at 1201 Wesle an street Fort Notary Public Worth,Texas,.Ci financing certain expenses In connection with the. . _; STATE OF TEXAS foregoing, including without limi- Ros LY Comm.EV.�R�I 2,2016 Paymentt of ltthee costs of and ssuing the Bonds (the financing and refinancinngg of such fadlities all of by ithhe U�niveersity,arenrdeferrrredtto collectively as the^Project,,).The maximum a gregate face amount of the Bonds to be Issued with All Interested perssoonssare iinvited expresssuoralihye or in writing,gi�gheir views on the Project and the Issuance of the Bonds.The Bonds shall never constitute or create a ppcoweereof Thhee the ity of Fort Worth; or any Political subdivision ivision Further information with respect to the proposed Bonds will be available at the hearin9 or upon Bitten request DHor theretb ad- dressed to the UPniversity in care of the Vice President-Finance and Administration, 1201 Wesleyan Street Fort WOrth,Texas 76105. i I i '9 CERTIFICATE OF PUBLIC HEARING i i I,the undersigned,hereby certify as follows: 1. I am the duly qualified and appointed Hearing Officer of Hackberry Cultural Education Facilities Finance Corporation (the "Issuer"), and have conducted a public hearing on the proposed issuance by the Issuer of one or more series of revenue obligations in the maximum aggregate principal amount of $6,700,000 (the"Obligations"). for the purpose of (i) financing all or a portion of the costs of acquiring and installing energy performance and conservation equipment in certain buildings and facilities throughout the campus of Texas Wesleyan University (the"University") located at 1201 Wesleyan. Street, Fort Worth, Texas, (ii) financing certain expenses in .connection with the foregoing, including without limitation capitalized interest, and(iii)payment of the costs of issuing the Bonds (the financing and refinancing of such facilities, all of which will be owned and operated by the University, j are referred to collectively as the "Project"). The Project is located within the City of Fort.Worth,Texas. 2. Such hearing was conducted by me commencing at 4:00 p.m. on September .1.8; 2018 on the campus of Texas Wesleyan University in the Oneal-Sells Administration Building, 3`d Floor, Finance and Administration Conference Room, 1201 Wesleyan Street, Fort Worth, Texas. The building and room were open to the public for purposes of the hearing. I 3. At the time for the commencement of the hearing, 1 publicly requested comments, either orally or in writing, on the facilities to be financed with proceeds of the Obligations and on the issuance of such Obligations. 4. At the hearing no persons presented comments orally or in writing. f 6 5. I imposed no time limitations on any public comments. IN.WITNESS WHEREOF,I have hereunto set my hand this September 18,2014. i HACKBERRY CULTURAL EDUCATION FACILITIES FINANCE CORPORATION Karen Montgomery,He Officer 1733242.2 i