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HomeMy WebLinkAboutResolution No. 84-19 RESOLUTION N0 . R19-84 CERTIFICATE FOR RESOLUTION APPROVING A COMMERCIAL PROJECT AND APPROVING THE RESOLUTION OF THE FRIE�DSWOOD INDUSTRIAL DEVELOPMENT CORPORATION AUTHORIZING ISSUANCE OF BONDS AND APPROVING DOCUMENTS (PARKWOOD BUSINESS CENTER, LTD. PROJECT) THE STATE OF TEXAS § COUNTY OF GALVESTON § CITY OF FRIENDSWOOD § I, Deloris McKenzie, hereby certify as follows: 1. I am the duly qualified and acting City 5ecretary of the City of Friendswood, Texas, and the custodian of the records of said City, including the minutes of the proceedings of the City Council of the Gity of Friendswood, and am duly authorized to execute this Certificate. 2. The City Council of said City convened in REGULAR MEETING IN PUBLIC HEARING ON THE 16thDAY OF JULY, 1984, at the City Hall and the roll was called for the duly constituted members of the City Council, to wit: Ralph L. Lowe, Mayor Council Members: ��� Evelyn Newman Paul Schrader Robert Wicklander Jan Jordan Bruce Branham and all of said persons were present, except the following absentees: Leon Brown thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written RESOLUTION APPROVING A COMMEF2CIAL PROJECT AND APPROVING THE RESOLUTION OF THE FRIENDSWOOD INDUSTRIAL DEVELOPMENT CORPORATION AVTHORIZING ISSUANCE OF BONDS AND APPROVING DOCUMENTS (PARKWOOD BUSINESS CENTER, LTD. PROJECT) was duly introduced for the consideration of said City Council. After due discussion, the Resolution was passed and adopted by the following vote: AYES: 6 NAYS: 0 3. A true, full and correct copy of the aforesaid Resolution adopted and passed at the meeting described in the above and foregoing paragraph is attached to and follows this Certificate; said Resolution has been duly re- corded in said City Council's minutes of said Meeting and is now in full force and effect and has not been amended in any respect; that the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting members of said City Council as indicated therein; each of the 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 and passage at said Meeting, and each of said members consented, in advance, to the holding of said Meeting for such purposes; and 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, as amended, and that such notice included notice of a public hearing to be held on such date, at such time and place, with respect to the subject of said Resolution, and that such public hearing was held and any comments from the public were taken at such Meeting. 4. That the Mayor of said City has duly signed said Resolution, and that the seal appearing below constitutes the official seal of the City of Friendswood and was duly affixed by the undersigned at the time this Certifi- cate was signed. Signed and sealed the 1 th day of July, 1984. City Secretary City of Friendswood, Texas (SEAL) -2- City of Friendswood Resolution No. R19-84 A RESOLUTION APPROVING A COMMERCIAL PR03ECT AND APPROVING THE RESOLUTION OF THE FRIENDSWOOD INDUSTRIAL DEVELOPMENT CORPORATION AUTHORIZING ISSUANCE OF BONDS AND APPROVING DOCUMENTS (PARKWOOD BUSINESS CENTER, LTD. PROJECT) WHEREAS, by resolution the City Council (the "Governing Body") of the City of Friendswood, Texas (the "Unit") , authorized and approved the creation of the Friendswood Industrial Development Corporation (the "Issuer") as a nonprofit industrial development corporation under the provisions of the De- velopment Corporation Act of 1979, Article 5190.6, Vernon's Annotated Texas Civil Statutes, as amended, (the "Act") ; and WHEREAS, on February 17, 1984, the Board of Directors of the Issuer adopted that certain Resolution Concerning Issuance of Bonds, pursuant to which the Issuer authorized the issuance of industrial development revenue bonds to finance the cost of a project (the "Project") for Parkwood Business Center, Ltd. , a Texas limited partnership (the "User") , to accomplish the specific public purpose for which the Issuer was created; and WHEREAS, in accordance with the terms of the Resolution Concerning Issuance of Bonds, the Issuer now desires to sell and provide for the issuance and sale of its $1,100,000 Industrial Development Revenue Bonds, Series 1984 (Parkwood Business Center, Ltd. Project) (the "Bonds") , by adopting a resolu- tion substantially in the form attached hereto as Exhibit "A" (the "Resolution"); and WHEREAS, the City of Friendswood (the "City") has designated certain eligible blighted or developmen� areas ("EDAs") , within which certain commer- cial projects can be financed pursuant to the terms of the Act; and 4JHEREAS, the Act and the rules of the Texas Ecanomic Development Commis- sion promulgated thereunder (the "Rules") provide that commercial projects may be financed if they are within or immediately adjacent to an EBA as determined by a city and if the city has approved the project and made the determinations and findings required by the Rules; and WHEREAS, the Project is located within the EBA and the User has repre- sented to the City and to the Issuer that (1) the User has no present inten- tion of disposing of or abandoning the Project, (2) the User has no present intention of directing the Project to a use other than the purposes repre- sented to the City, and (3) the User will not, during the life of the bonds, direct the Project to a use not authorized within the EBA; and WHEREAS, on 3uly lb, 1984, the Issuer held a public hearing with respect to the Bonds and the Project to be financed with the proceeds of the Bonds -3- following publication of notice in compliance with 5ection 103(k) of the Internal Revenue Code of 1954, as amended (the "Code") ; and WHEREAS, the Governing Body is the elected legislative body of the IInit, and a report of the public hearing was submitted to the Governing Body and such report has been reviewed by the Governing Body; and WHEREAS, the Act provides that the Governing Body must, by written resa- lution 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, and Section 103(k) of the Code requires that the "ap- plicable elected representative", which with respect to the Bonds is the Gov- erning Body, approve the Bonds prior to issuance; and WHEREAS, in accordance with the Rules, a public hearing was held on this date by the Governing Body, after notice thereof having been posted in accor- dance with law, to take comments from the public regarding the suitability of the Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD: SECTION 1. The '�Resolution of Friendswood Industrial Development Corpo- ration Authorizing Issuance of Bonds and Approving Documents (Parkwood Business Center, Ltd. Project)" adopted by the Board of Directors of the Friendswood Industrial Development Corporation (the "Issuer") on July 16, 1984, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, and providing for the issuance of "Friendswood Industrial Development Corporation, Industrial Development Revenue Bonds, Series 1984 (Parkwood Business Center, Ltd. Project)" in the original amount of $1,100,000 (the "Bonds"), is hereby specifically approved. SECTION 2. The Governing Body hereby finds, determines, recites, and de- clares that the specific project to be financed with the Bonds meets the stat- utory requirements of the Development Corporation Act of 1979, as amended, Article 5190.6, Vernon's Texas Civil Statutes (the "Act") and is in compliance with the rules of the Texas Economic Development Commission for issuing indus- trial revenue bonds, and that such project does not pose a danger to the health, morals, or safety of the community involved. The City Council further finds that the proposed project is in an Eligible Blighted ( or Development) Area as previously designated by the City, that the project conforms with the limitations specified in the resolution designating Eligible Blighted (or Development) Areas, that the Project will contribute significantly to the fulfillment of the redevelopment objectives of the City for the EBA, and that the Project and the Bonds are in furtherance of the public purposes of the Act. SECTION 3. The Governing Body hereby specifically approves the Bonds as required by Section 103(k) of the Code. -4- SECTION 4. It is hereby found that written notice of the date, hour, place and subject of the meeting of the City Council at which this Resolution was considered was posted on a bulletin board located at a place convenient to the public in the City Hall of the City of Friendswood, Texas, for at least two (2) hours preceding the convening of such meeting; that the consideration and passage of this Resolution is hereby declared to constitute an emergency and urgent public necessity because of the urgent need for the economic develop- ment of the blighted areas of the City; that such place of posting of such notice was readily accessible to the general public at all times from the time of such posting until the convening of this meeting; and that this meeting was open to the public at a11 times during which this Resolution and the subject matter hereof was discussed, considered, and formally acted upon. SECTION 5. The Mayor and the City Secretary of the City of Friendswood and the other appropriate officers of the City are hereby authorized, jointly and severally, to execute and deliver such endorsements, instruments, certifi- cates, documents, or papers necessary and advisable to carry out the intent and purposes of this Resolution. SECTION 6. This Resolution shall be passed finally on the date of its introduction and adoption, this 16th day of July, 1984, and shall take effect immediately upon its passage and approval by the Mayor. PASSED this 16th day of Ji�ly, A. D. 1984 APPROVED this 16 th day of July, A. D. 1984 v'� • (9-�c,�{` Mayor of he ity of Friendswood 0684194 WP0323 -5-