HomeMy WebLinkAboutResolution No. 2009-37 RESOLUTION NO. R2009-37
A RESOLUTION AUTHORIZING AND RATIFYING ALL
LEGAL PROCEEDINGS, PAST, CURRENT AND FUTURE
IN CONNECTION WITH THE AUTHORITY OF THE CITY
OF FRIENDSWOOD, TEXAS TO ISSUE THE
COMBINATION TAX & REVENUE CERTIFICATES OF
OBLIGATION, SERIES 2009 WITHOUT AN ELECTION
AND FOR PROJECTS INCLUDING A PUBLIC P�1RK IN
BRAZORIA COUNTY, TEXAS.
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WHEREAS, the City of Friendswood, Texas (the "City") intends to issue its
Combination Tax & Revenue Certificates of Obligation, Series 2009 (the "Obligations"); and
WHEREAS, in connection with the issuance of the Obligations, the City has filed a bond
validation suit in Travis County pursuant to Chapter 1205, Texas Government Code; and
WHEREAS, the City has been working with Vinson & Elkins, L.L.P. as Bond Counsel
as well as Special Litigation Counsel; and
WHEREAS, the City will need to take actions necessary to complete defending and
prosecuting this action;Now, Therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD,TEXAS:
1. Recitals; Consideration. It is hereby found and determined that the matters and
facts set out in the preamble to this Resolution are true and correct.
2. Ratification and Authorization. The City Council hereby authorizes and ratifies
all payments and legal proceedings, past, current and future, in connection with the Obligations,
including the filing of a suit to validate (i) the issuance of the Obligations, (ii) that the proposed
expenditures for the park land in Brazoria County, Texas of the money raised by issuance of the
Certificates are legal and valid and (iii) that the City has authority under the Act to issue the
Certificates without holding an election under § 8.05 of the City's Home Rule Charter and the
defense of any counterclaims or cross claims in any action, any future or past suits pertaining to
the Obligations or against individuals connected with the delay of the Obligations, and to
authorize and ratify the Mayor to hire counsel and initiate and defend suits.
3. Approval of Counsel. The City Council hereby authorizes and ratifies hiring
Vinson & Elkins, L.L.P., and any other attorneys, experts and consultants, as deemed necessary
by the superintendent, as special litigation counsel to defend and prosecute all claims related to
the Obligations, in the past, currently, and in the future and all claims related to individuals
connected with the delay of the Obligations, and to represent the City to being or defend any
claims against any person or entity deemed necessary by the Mayor.
4. Related Matters. To satisfy in a timely manner all of the City's obligations
under this Resolution, the Mayor, the Interim City Manager, the City Secretary, and other
appropriate officials of the City are hereby authorized and directed to do any and all things
necessary and/or convenient to carry out the terms and purposes of this Resolution.
5. No Personal Liabilitv. No recourse shall be had for payment of any amounts
owed under this Resolution, against any Council member or employee of the City.
6. Open Meeting. It is hereby officially found and determined that the meeting at
which this Resolution was adopted was open to the public, and public notice of the time, place
and purpose of said meeting was given, all as required by the Texas Open Meetings Act.
PASSED,APPROVED AND RESOLVED on this lst day of June,2009.
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David J. H. Smith
Mayor
ATT T:
• C F F R'ENO
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Deloris McKenzie, T C � �
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City Secretary °
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