R-85-787 - 12/12/1985s s ;
RESOLUTION NO. / 0 /AL
RESOLUTION OF THE CITY COUNCIL
APPROVING THE ISSUANCE OF BONDS
BY THE ROUND ROCK INDUSTRIAL DEVELOPMENT CORPORATION
TO FINANCE A PROJECT FOR ROUND ROCK PARTNERS
DRAFT
DATE !D- ( - •
WHEREAS, by resolution the City Council (the "Governing
Body ") of the City of Round Rock (the "Unit "), authorized and
approved the creation of the Round Rock Industrial Development
Corporation (the "Issuer ") as a nonprofit industrial
development corporation under the provisions of the Development
Corporation Act of 1979, Article 5190.6, Vernon's Annotated
Texas Civil Statutes (the "Act "); and
WHEREAS, by resolution adopted on , 1985, the
Governing Body approved Resolution of the Issuer ( "Resolution ")
which Resolution authorized the issuance of industrial
development revenue bonds by the Issuer to finance the cost of
facilities to accomplish the specific public purpose for which
the Issuer was created;
WHEREAS, in accordance with the terms of the Resolution,
the Issuer now desires to sell and provide for the issuance and
sale of its $ Round Rock Industrial Development
Revenue Bonds (Round Rock Partners Project) Series 1985 (the
"Bonds "), and has adopted a resolution substantially in the
form attached hereto as Exhibit "A" (the "Bond Resolution "); and
WHEREAS, the Act provides that the Governing Body must, by
written resolution adopted no more than sixty (60) days prior
to the date of the sale of the Bonds, specifically approve the
resolution of the Issuer providing for the issuance of the
Bonds;
WHEREAS, Section 103(k) of the Internal Revenue Code of
1954, as amended (the "Code "), requires that the Bonds be
approved by the "applicable elected representative" ( "AER ")
after a public hearing following reasonable public notice; and
WHEREAS, with respect to Bonds issued by the Issuer such
AER is the Governing Body of the Unit; and
WHEREAS, notice of a public hearing with respect to the
Project and the Bonds held by the Governing Body of the Unit on
the date of this resolution was published no less than 14 days
before this date in a newspaper of general circulation
available to residents within the Unit; and
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RESOLVED this 12th day of December, 1985.
2
WHEREAS, the Governing Body has held such public hearing on
the date and at the time and place set out in such published
notice, and has conducted such hearing in a manner that
provided a reasonable opportunity for persons with differing
views on the issuance of the Bonds and on the location and
nature of the Project to be heard;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ROUND ROCK, TEXAS, THAT:
Section 1. The Bond Resolution of the Issuer providing for
the sale and issuance of the bonds, substantially in the form
attached hereto as Exhibit "A ", is hereby approved.
Section 2. The Governing Body, after posting notice and
holding a public hearing, hereby specifically approves the
Bonds, as required in Section 103(k) of the Code, and the
Project, and the Governing Body finds and determines that the
Project is in furtherance of the public purposes of the Act.
Section 3. The Governing Body hereby finds that the
Project:
(a) is located in the Economically Blighted Area
( "EBA ");
(b) will contribute significantly to the fulfillment
of the redevelopment objectives of the Unit for
the EBA;
(c) is in furtherance of the public purposes of the
Act; and
(d) conforms to the limitations prescribed by the EBA
Resolution.
Mike Robinson, Mayor
THE STATE OF TEXAS §
§
COUNTY OF WILLIAMSON §
GENERAL CERTIFICATE
DD
I, the undersigned, the Mayor of the City of Round Rock,
Texas (the "Unit "), hereby certify as follows:
1. This Certificate is executed with reference to that
series of bonds styled "Round Rock Industrial Development
Corporation Industrial Development Revenue Bonds (Round Rock
Partners Project) Series 1985," in the principal amount of
$ (the "Bonds ").
2. The Unit is a duly organized and existing Home Rule
City of the State of Texas.
3. Round Rock Industrial Development Corporation (the
"Issuer ") was created and authorized to act on behalf of the
Unit, and the Articles of Incorporation and the Bylaws of the
Issuer were approved by resolution of the Unit dated December
13, 1979, said'By -Laws being amended September 21, 1983. •
4. On , 19 , and at all times since that date,
the following persons have duly constituted the officers of the
Unit:
Name Office
Mike Robinson
Mike Heilgenstein
Graham Howell
Pete Correa
Ronnie Jean
Charles Culpepper
Trudy L. Lee
Mayor
Mayor Pro -tem
Council member
Council member
Council member
Council member
Council member
5. The Unit, by written resolution dated
19 , has designated the Project as being in an Economically
Blighted Area and has by resolution dated December 12, 1985,
given its approval to the issuance of bonds to finance the
Project and specifically approved the Project and the issuance
of the Bonds and the documents relating thereto in the amount
and for the purpose set forth therein and such resolutions have
not been amended, annulled, rescinded, or revoked and remain in
full force and effect on the date hereof.
(SEAL)
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6. The Unit has approved all programs and expenditures of
the Issuer in connection with the issuance of the Bonds and the
transactions contemplated thereby.
7. No litigation is pending against the Unit or, to the
best of my knowledge, threatened against the Unit:
(i) to restrain or enjoin the issuance or delivery
of the Bonds; or
(ii) in any way contesting (a) the right and power
of the Unit in connection with any action taken
by it towards the creation of the issuer or the
issuance of the Bonds or (b) the titles of the
current officers of the Unit to their
respective offices.
Joanne Land is the duly qualified and acting City Secretary
of the Unit and the City Secretary's signature appearing on the
following certificate is true and genuine.
SIGNED AND SEALED THIS day of December, 1985.
Mike Robinson, Mayor
I, the City Secretary of the City of Round Rock, Texas,
hereby certify that Mike Robinson is the duly qualified and
acting Mayor of the City of Round Rock, Texas and that his
signature appearing above is true and genuine.
Joanne Land, City Secretary