Loading...
R-85-796 - 12/12/19857902 A RESOLUTION OF THE CITY COUNCIL OF ROUND ROCK, TEXAS APPROVING THE ACQUISITION AND /OR CONSTRUCTION OF CERTAIN REAL AND /OR PERSONAL PROPERTY TO BE USED IN CONNECTION WITH A COMMERCIAL ENTERPRISE (THE "PROJECT "), FOR PROFIT MASTERS COMPUTER SYSTEMS, INC. (THE "COMPANY "), : TO BE FINANCED THROUGH THE ISSUANCE OF BONDS BY THE TEXAS SMALL BUSINESS INDUSTRIAL DEVELOPMENT CORPORATION FOLLOWING A PUBLIC HEARING. WHEREAS, the Development Corporation Act of 1979, Article 5190.6, Vernon's Annotated Texas Civil Statutes, as amended (the "Act ") authorizes and empowers the Texas Small Business Industrial Development Corporation (the "Issuer ") to issue revenue bonds on behalf of the State of Texas (the "unit "), to finance the cost of projects comprising land, buildings, equipment, facilities and improvements which are located within an "Eligible Blighted Area" (an "EBA ") or an area immediately adjacent thereto (the "Adjacent Area ") designated by the City of Round Rock, Texas (the "City ") in accordance with the Act and which are found by the Issuer to be required or suitable for the promotion of commercial development and expansion and for use by commercial enterprises and in furtherance of the public purposes of the Act; and, WHEREAS, the City Council adopted a Resolution on October 14, 1982, designating part of the City as an EBA, which Resolution has not been amended and is in full force and effect as of the date hereof; and, WHEREAS, on December 11, 1985, the Issuer adopted a Resolution authorizing the issuance of Industrial Development Revenue Bonds by the Issuer to finance the cost of facilities (the "Project ") to be owned by the Company, described in Exhibit A hereto to accomplish the specific public purpose for which the Issuer was created; and, WHEREAS, notice of a public hearing with respect to the Project to be held by the City Council on the date of this Resolution was posted pursuant to the rules of the Texas Economic Development Commission (the "TEDC Rules "); and, WHEREAS, the City Council has held such public hearing after posting notice pursuant to the TEDC Rules and has conducted such hearing in such a manner that provided a reasonable opportunity for persons with differing views on the location and nature of the Project to be heard; and, WHEREAS, the Act provides that the City by Resolution must specifically approve the Project after posting notice and holding a public hearing with respect thereto. f .+u NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: Section 1. The City Council hereby finds, determines, recites and declares that a public hearing with respect to the Project was held on this date; and that notice of such public hearing was posted prior to this date pursuant to the TEDC Rules. Section 2. The City Council hereby specifically approves the Project as required by the TEDC Rules, and finds and determines that: a. the Project is located in an Adjacent Area to the EBA and is in furtherance of the public purposes of the Act; and, b. the Adjacent Area and the EBA share a common boundary, as shown on Exhibit "B "; and c. the Project contributes significantly to the fulfillment of the redevelopment objectives of the City for the EBA and the Adjacent Area. ADOPTED AND APPROVED this /day of Lialis 1985. BY TEST: ' -4L./ TY CLERK, CITY OF ROUND ROCK, TEXAS (SEAL) CITY ATTORNEY'S OFFICE MAYOR CITY OF ROUND ROCK, TEXAS THE STATE OF TEXAS: COUNTY OF WILLIAMSON: CITY OF ROUND ROCK: CERTIFICATE FOR RESOLUTION I, , City Secretary of the City of Round Rock, Texas, hereby certify as follows: 1. The City Council of said City convened in Regular City Council Meeting on the day of , 198 , at the regular designated meeting place in the City of Round Rock, Texas and the roll was called of the duly constituted officers and members of said City Council, to -wit: and all of said person were present, except the following absentees: thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written RESOLUTION OF THE CITY COUNCIL OF ROUND ROCK, TEXAS APPROVING THE ACQUISITION AND /OR CONSTRUCTION OF CERTAIN REAL AND /OR PERSONAL PROPERTY TO BE USED IN CONNECTION WITH A COMMERCIAL ENTERPRISE (THE "PROJECT "), FOR PROFIT MASTERS COMPUTER SYSTEMS, INC. (THE "COMPANY "), TO BE FINANCED THROUGH THE ISSUANCE OF BONDS BY THE TEXAS SMALL BUSINESS INDUSTRIAL DEVELOPMENT CORPORATION FOLLOWING A PUBLIC HEARING. was duly introduced for the consideration of said City Council and read in full. It was then duly moved and seconded that said Resolution be adopted; and, after due discussion, said motion carrying with it the passage of said Resolution, prevailed and carried by the following vote: AYES: All members of the City Council shown present above voted "Aye ", except NOES: ABSTENTIONS: 2. That a true, full and correct copy of the aforesaid Resolution adopted 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 said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full and correct excerpt from said City Council's minutes of said Meeting pertaining to the passage of said Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of said City Council as indicated therein; that each of the officers and 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, and that said Resolution would be introduced and considered for passage at said Meeting, and each of said officers and 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 Vernon's Ann. Civ. St. Article 6252 -17. 3. That the Mayor of said City has approved and hereby approves the aforesaid Resolution; that the Mayor and the City Secretary of said City have duly signed said Resolution; and that the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copies of said Resolution for all purposes. SIGNED AND SEALED the day of , 198_ (SEAL) Mayor City Secretary Mr. Joe Vining City of Round Rock 214 East Main Round Rock, Texas 78664 MCKEE AND YEATES, ATTORNEYS AT LAW A Partnership of McKee and McKee, P.C. and Kent Yeates, Attorney at Law 1106 Clayton Lane, Suite 270 West _ Austin, Texas 78723 (512) 452 -4916 December 2, 1985 Dear Mr. Vining: Our firm is serving as counsel to the Texas Small Business Industrial Development Corporation (the "Corporation ") with respect to the proposed financing of a commercial project with proceeds of industrial development bonds to be issued by the Corporation. . The Project is described in Exhibit A to the enclosed Notice of Public Hearing and will be located in Corridor Park I, approximately one -half mile southwest of the intersection of FM 1325 and IH 35, Round Rock, Texas. The Project location is in an area immediately adjacent to an area designated by the City as an Eligible Blighted Area under Ordinance No. 456 - In addition to requiring the Project site to be located in either an Eligible Blighted Area (or area immediately adjacent thereto) or a Development Area, provisions of the Development Corporation Act of 1979 and rules of the Texas Economic Development Commission (the "Commission ") require approval of the Project by your City Council following a public hearing. We respectfully request that a public hearing regarding the Project be placed on the December 12, 1985 City Council agenda and that the enclosed Notice of Public Hearing be completed and posted at City Hall at least 72 hours prior to the hearing date. A copy of a proposed Resolution and certificate of resolution, together with the Notice of Public Hearing and Project description are enclosed. If you need further information, please feel free to contact me at (512) 474 -7998. Thank you. Vesy truly yours, Kent Y For th ): t' NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Round Rock will hold a public / h } earing on � � December 1 2 , 1985 at 7. 6 o'clock p.m., at C.?U4 ehthebt.lAW .2 e. d . Round Rock, Texas, to consider approval of the Project described in the attached Exhibit "A" in accordance with provisions of the Development Corporation Act of 1979, Texas Civil Statutes, Article 5190.6, as amended (the "Act ") and rules of the Texas Economic Development Commission concerning the approval of commercial projects to be financed with industrial development bond proceeds. The bonds will be issued on behalf of the State of Texas by the Texas Small Business Industrial Development Corporation. The Project site is located in an area immediately adjacent to an area designated by the city under Ordinance Number 456 -R as an Eligible Blighted Area for purposes of the Act. All interested persons are invited to attend and express any comments they have regarding the Project. POSTED this 91' day of December, 1985, at o'clock p .m. in accordance with Texas Civil Statutes, Article 6252-17, as amended. f it ? AL/ /,(Title) '_ City of Round Rock, Texas EXHIBIT A PROJECT DESCRIPTION The Project consists of the acquisition of approximately 40,000 square feet of land and the construction thereon of a two -story building containing approximately 10,400 square feet, together with equipment and other facilities which are functionally related and subordinate to the foregoing. The facility will be used for warehousing (approximately 2,000 square feet), integration and testing of new computer applications, office space, and other related uses. The project will be owned and operated by Profit Master Computer Systems, Inc. and will be located approximately 80' N.W. of the intersection of Bratton Lane and Jarrett Way, Corridor Park I, Round Rock, Texas 78681.