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R-85-798 - 12/12/1985RESOLUTION AUTHORIZING THE ASSIGNMENT OF CERTAIN OF THE PRIVATE ACTIVITY BOND LIMIT OF THE CITY OF ROUND ROCK TO THE ROUND ROCK INDUSTRIAL DEVELOPMENT CORPORATION WHEREAS, the Development Corporation Act of 1979, Article 5190.6, V.A.T.C.S., as amended, (the "Act ") authorizes sponsoring entities, as defined in the Act, to create nonmember, nonstock public corporations for the purpose of acquiring, constructing, providing, improving and financing commercial, industrial and manufacturing facilities; and WHEREAS, by resolution of the City Council of the City of Round Rock, Texas (the "City ") on , the City authorized the creation of the Round Rock Industrial Development Corporation (the "Issuer ") under and pursuant to the Act; and WHEREAS, pursuant to the Act, the Issuer is empowered to finance the cost of projects to promote and redevelop economically blighted areas to promote and encourage employment, as defined in the Act; and WHEREAS, certain of the bonds which may be issued from time to time by the Issuer constitute "private activity bonds" as defined in Section 103 of the Internal Revenue Code of 1954, as amended and the regulations issued thereunder (the "Code "); and WHEREAS, certain amendments to the Code enacted pursuant to Public Law 98 -369, the Deficit Reduction Act of 1984 (the "Tax Act ") impose a ceiling on the aggregate amount of private activity bonds issued in a state during any calendar year; and WHEREAS, the Tax Act authorizes the governor of any state to proclaim a formula for allocating the state's ceiling among the governmental units in such state having authority to issue private activity bonds; and WHEREAS, pursuant to the Tax Act, the City must in writing assign its private activity bond limit to the Issuer; and WHEREAS, the City Council of the City hereby finds and determines that it is in the best interest of the citizens of the City to further the purposes of the Round Rock Industrial Development Corporation by providing a method in writing to assign the City's private activity bond limit to the Issuer; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK THAT: DRAFT; DATE I a.- LP —SS . 1. The Issuer is hereby authorized to apply for and obtain, on behalf of the City, from time to time, allocations of the State's private activity bond limit in connection with the financing or refinancing of any health facility, as defined by the Act, to be financed through the issuance of bonds including, but not limited to, the Issuer's proposed $ Round Rock Industrial Development Corporation Industrial Development Revenue Bonds, (Municipal Complex Project) Series 1985, (the "Municipal Complex Project ") proposed to be issued in of 2. The City hereby assigns to the Issuer all of its private activity bond limit related to the health facilities for which the Issuer will make an application for an allocation, including, but not limited to, the Municipal Complex Project, pursuant to the executive order referred to above, any subsequent executive order, or any state legislation which may subsequently be enacted regulating the allocation of the state's private activity bond limit. 3. The Mayor of the City is hereby authorized to execute and deliver all documents or other instruments, as may be requested by the Issuer, necessary to evidence the assignment by the City of its private activity bond limit to the Issuer in accordance with this Resolution, the Code (including the Tax Act) and the regulations issued thereunder, the executive order referred to above and any subsequent executive order or state legislation regarding the private activity bond limit. 1857P THE STATE OF TEXAS COUNTY OF WILLIAMSON CERTIFICATE FOR RESOLUTION AUTHORIZING THE ASSIGNMENT OF CERTAIN OF THE PRIVATE ACTIVITY BOND LIMIT OF THE CITY OF ROUND ROCK TO THE ROUND ROCK INDUSTRIAL DEVELOPMENT CORPORATION We, the undersigned mayor and city secretary of said City hereby certify as follows: 1. The City Council of said City convened in REGULAR MEETING ON THE 12th DAY OF DECEMBER, 1985 at the designated meeting place, and the roll was called of the duly constituted officers and members of said City Council, to -wit: Mike Robinson, Mayor Mike Heiligenstein, Mayor Pro -tem Graham Howell Pete Correa NOES: ABSTENTIONS: Ronnie Jean Charles Culpepper Trudy L. Lee and all of said persons were present, except the following absentees: thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written RESOLUTION AUTHORIZING THE ASSIGNMENT OF CERTAIN OF THE PRIVATE ACTIVITY BOND LIMIT OF THE CITY OF ROUND ROCK TO THE ROUND ROCK INDUSTRIAL DEVELOPMENT CORPORATION DRAFT DATE 11.-16 -•XJ 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 adoption of said Resolution, prevailed and carried by the following vote: AYES: All members of said City Council shown present above voted "Aye ", except 2. That a true, full and correct copy of the aforesaid Resolution adopted at the Meeting described in the above 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 [SEAL] 1855P said City Council's minutes of said Meeting pertaining to the adoption 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; and 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 adoption 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. Stat. Article 6252 -17. SIGNED AND SEALED the -- day of ,gCIAIA, 1985. nne Land, City Secretary weti Mike Robinson, Mayor