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HomeMy WebLinkAboutPR 12169:EDC BOND REIMBURSEMENTinteroffice MEMORANDUM From: Subject: Date: Mayor, City Council, City Manager Mark T. Sokolow City Attorney ~ ~ P. R. No. 12169; Council Meeting of April 29, 2003 April 25, 2003 Attached is P. R. No. 12169 approving the intent of the Section 4A Economic Development Corporation to finance expenditures to be incurred (Bond Reimbursement Resolution). MTS/ts Attachment cc: Director of Finance Executive Director of EDC VIA FACSIMILE (409) 724-7585 Jim Wimberley VIA FACSIMILE (713) 615-5256 Prank McCreary VINSON & ELKINS P. R. No. 12169 04/24/03 ts RESOLUTION NO. A RESOLUTION APPROVING THE INTENT OF THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION TO FINANCE EXPENDITURES TO BE INCURRED WHEREAS, the City of Port Arthur Section 4A Economic Development Corporation (the .Corporation"), is a non profit industrial development corporation created by the City of Port Arthur and the Corporation is authorized to issue obligations to finance its activities pursuant to the Development Corporation Act of 1979, as amended, and other laws of the State of Texas, the interest on which is excludable from gross income for federal income tax purposes (.tax-exempt obligations") pursuant to Section 103 of the Internal Revenue Code of 1986, as amended (the "Code"); and WHEREAB, the Corporation will make, or has made not more than to the 60 days prior to the date acquisition, construction, property listed on Exhibit WHEREAS, hereof, payments with respeCt reconstruction or renovation ~A" attached hereto; and the Corporation desires to reimburse itself of the for the costs associated with the property listed on Exhibit ~A" attached hereto from the proceeds of tax-exempt obligations to be issued subsequent to the date hereof; and WHEREAS, the Corporation reasonably expects to issue exempt obligations to reimburse itself with the property listed on Exhibit "A" z .pr12169 tax- for the costs associated attached hereto; OF PORT ARTHUR, Section 1. true and correct. Section 2. reimburse itself NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY TEXAS= That the facts and opinions in the preamble are That the Corporation reasonably expects to for all costs that have been or will be paid subsequent to the date that is 60 days prior to the date hereof and that are to be paid in connection with the acquisition, construction, reconstruction or renovation of the property listed on Exhibit "A" attached hereto from the proceeds of tax-exempt obligations to be issued subsequent to the date hereof. Section 3. That the City of Port Arthur approves this Bond Reimbursement Resolution. Section 4. That the Corporation reasonably expects that the maximum principal amount of tax-exempt obligations issued to reimburse the Corporation for costs associated with the property listed on Exhibit Section 5. in conflict herewith conflict only. Section 6. paragraph, section application thereof "A" attached hereto will not exceed $600,000. That all resolutions and parts of resolutions are hereby repealed to the extent of the That if any word, phrase, clause, sentence, or other part of this resolution or the to any person or circumstance shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this resolution and the application z ,pr12169 of such word, phrase, clause, sentence, paragraph, section, or other part of this resolution to any other person or circumstance shall not be affected thereby. Section 7. That the determines, and declares that City Council officially finds, a sufficient written notice of the date, hour, place and subject of each meeting at which this resolution was discussed, considered or acted upon was given in the manner required by the Texas Open Meetings Act, as amended, and that each such meeting has been open to the public as required by law at all times during such discussion, consideration and action. The City Council ratifies, approves and confirms such notices and the contents and posting thereof. Section 8. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this ~ day of , A.D., 2003, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers ' ; NOES: M~YOR Z .pr12169 ATTEST: CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY APP~~STRATION: CITY MANAGER APPROVED AS TO THE AVAILABILITY OF FUNDS: DIRECTOR OF FINANCE APPROVED: CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION EXHIBIT A DESCRIPTION OF PROPERTY Item or Fund--Described by Character, Type or Purpose IASIS PROJECT: Acquisition of Land Engineering and Surveying Clearing and Grubbing Amount--Described by Cost, Quantity or Size z .pr12169