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HomeMy WebLinkAboutRES 940412-OI, the undersigned City Secretary of Georgetown, Texas (the "Unit"), hereby certify as follows: The City Council (the "Governing :ea yt) of the Un- it convened in regular session at Georgetown, Texas on April 19, 1994 (the "Meeting"), at the designated meeting place, and the roll was called of the duly constituted members of the Governing Body, to wit: All of such persons were present, except the following absentees: thus constituting a quorum. Whereupon a written: RESOLUTION APPROVING THE ISSUANCE OF CITY OF GEORGETOWN HIGHER EDUCATION FINANCE CORPORATION HIGHER EDUCATION REVENUE BONDS, SERIES 1994 (SOUTHWESTERN UNIVERSITY PROJECT) AND PROJECT FINANCED THEREBY FOLLOWING A PUBLIC HEARING M Uj Lte 10,UOWln AYES: & NOES: —0 ABSTENTIONS: 6 2. A true, full, and correct copy of the Resolution is attached to and follows this Certificate; the Resolution has been duly recorded in the minutes of the Meetim, I , Main 77FRE-ol: ine-gleeting, and that the Aesolution would be introduced and considered for adoption at the Meeting, and each of such members consented, in advance, to the holding of the Meeting for such purpose, andthe Meeting was open to the public, and public notice of the time, place, and purpose of the Meeting was given, all as required by Chapter 551 of the Texas Government Code, as amended. SIGNED AND SEALED this /V' -day of 1994. (SEAL) City Secretary fAb11072\sou870\67000\wrtres Section 3. The Mayor, City Council members, and City Secretary of the Unit and the other officers of the Unit are hereby authorized, jointly and severally, to execute and deliver such endorsements, instruments, certificates, documents, or papers necessary and advisable to carry out the intent and purposes of this Resolution. 1111 1!, � Ili! i� I lill I i'll Ili 11,1112 1112H 0 a # . I a fAb1107Zsou870\67000\i WAIMM* M- CITY OF GEORGETOWN HIGHER EDUCATION FINANCE CORP(YtT*�TION HIGHER EDUCATION REVENUE BONDS, SERIES 1994 (SOUTHWESTERN UNIVERSITY PROJECT) Notice is hereby given of a public hearing to be held by the City of Georgetown Higher Education Finance Corporation (the "Issuer") on Tuesday, April 12, 1994, at 4:30 p.m., at City Hall, located at 609 Main Street, Georgetown, Texas, with respect to an issue of higher education revenue bonds (the "Bonds') to be issued in an aggregate face amount of not more than $15,000,000 by the Issuer, the proceeds of which will be loaned to Southwestern University, Georgetown, Texas, a Texas nonprofit corporation (the "University"). The proceeds of the Bonds would-be used by the University to provide funds to finance certain improvements to the campus facilities, all located at Maple and University Avenues, Georgetown, Texas 78626, including (i) construction of a recreational activities center consisting of approximately 57,000 square feet, (ii) construction of an academic building consisting of approximately37,000 square feet; and (iii) construction of certain campus improvements and infrastructure projects (the "Project"). The initial and exclusive owner, operator or manager of the Project is the University. All interested persons are invited to attend such public hearing to express their views with respect to the Project and the issuance of the Bonds. Questions or requests for additional information may be directed to Mr. Richard Anderson, Comptroller, Southwestern University, Cullen Building - Business Office, 1001 East University Avenue, Georgetown, Texas 78626 (Telephone: (512)863-1475). Persons who intend to appear at the hearing and express their views are invited to contact Mr. Anderson either in writing or by telephone in advance of the hearing. Any interested persons unable to attend the hearing may submit their views in writing to Mr. Anderson prior to the date scheduled for the hearing. This notice is published r• the above-described hearing is to •' held in satisfaction of the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended, regarding the public approval prerequisite to the exemption •r federal income •r • the interest •r the Bonds. fiXb11072\sou870\67000\resapp A-1 I, the undersigned, do hereby make and execute this certificate for the benefit of all persons interested in the City of Georgetown Higher Education Finance Corporation Higher Education Revenue Bonds, Series 1994 (Southwestern University Project) (the "Series 1994 Bonds") now in the process of issuance. I hereby certify as follows: 1. That I am the duly appointed Hearing Officer for the public hearing that was held on April 12, 1994, at City Hall, located at 609 Main Street, Georgetown, Texas in connection with the issuance of the Series 1994 Bonds. 2. That notice of the public hearing was published no less than 14 days before the date of the public hearing in a newspaper of general circulation available to residents of the City of Georgetown, Williamson County, Texas; the notice included the date, time and place of the public hearing, the location, general nature and the initial owner, operator or manager of the project described therein (the "Project") and the maximum aggregate principal amount of the Series 1994 Bonds. 3. - That all interested persons appearing at the public hearing were given an opportunity to comment on the proposed issuance of the Series 1994 Bonds and the Project. The names and comments of all interested persons appearing at the public hearing, if any, are set forth on Attachment A attached hereto. 4. That after giving all interested persons an opportunity to appear and comment the public hearing was declared closed. fi\bI1072\sou870\67000\resapp Hearing --Officer W Public Hearing Regarding City of Georgetown Higher Education Finance Corporation Higher Education Revenue Bonds Series 1994 Southwestern University MMM� Attachment A to Exhibit B L\bll072\sou870X67000\attcha.exc Georgetown, Texas BE IT REMEMBERED that on the 12th day of April, 1994, beginning at 4-30 p.m., the following came on to be heard before the City of Georgetown Higher Education Finance Corporation, at City Hall located at 609 Main Street, Georgetown, Texas, whereupon the following proceedings were had. This public hearing with respect to the City of Georgetown Higher Education Finance Corporation Higher Education Revenue Bonds, Series 1994 (Southwestern University Project) (the "Bonds"), proposed to be issued by the City of Georgetown Higher Education Finance Corporation in an amount not to exceed This public hearing is being held in satisfaction of the requirements of Section 147(f) of the Internal Ty T To rr — pIT , rrpm e exciuctabi r mincome tax I•I The proceeds of the Series 1994 Bonds will be loaned to Southwestern University (the "University") to finance the Project which consists of the construction of a recreational activities center, the construction of an academics building, and construction of certain campus improvements and infrastructure projects on the University campus. The Project is owned by the University. The Series 1994 Bonds are payable from loan payments received by the City of Georgetown Higher Education Finance Corporation from the University pursuant to a Loan Agreement. Are there any interested persons present who wish to express their views with respect to the issuance I will ask again: Are there any interested persons present who wish to express their views with respect to the issuance of the Series 1994 Bonds? Seeing none, I now declare the hearing closed. f\b11072\sou870\67000\attcha,e= -2- We, the undersigned, Mayor and City Secretary, respectively, of the City of Georgetown, Texas (the "Unit"), make this certification for the benefit of all persons interested in the issuance by the City of Georgetown Higher Education Finance Corporation (the "Issuer") of its Higher Education Revenue Bonds, Series 1994 (Southwestern University Project) (the "Series 1994 Bonds"). We hereby certify that: 1. The Issuer was created and authorized to act on behalf of the Unit pursuant to the Higher Education Authority Act, Section 53.35(b) of the Texas Education Code, as amended, and the Articles of Incorporation and initial Bylaws of the Issuer were approved by the City Council (the "Governing Body") of the Unit. mlammm= r r r a e -I I I '. a 4 0 1. =,1,TrM—,TT,MT Mike McMaster Winfred Bonner Jane Voltz Dick Vincent Doris Curl Ferd Torm March 29, 1994, and at all times since that date, the following persons have been duly appointed by the Governing Body of the Unit as members of the Board of Directors of the Issuer, holding the offices set forth opposite their names: Jay C. Sloan Thomas R. Locke Melissa Dietz James Wilson Fran Carlson Linda Flory Gene L. Lawhon Joann King Mearl Leffler Offices President Vice President Secretary/Treasurer 4. Attached hereto as Exhibit A is a true and correct copy of the resolution of the Governing Mody, dated April 12, 1994, approving the issuance of the Series 1994 Bonds and Project financed thereby Collowing a public hearing, and such resolution has not been amended, annulled, rescinded or revoked and cemains in full force and effect on the date r. .r 5. No litigation is pending against the Unit or the Governing Body of the Unit, or, to the best of our knowledge after reasonable investigation, threatened against the Unit or the Governing Body of the Unit: to restrain or enjoin the issuance or delivery of the Series 1994 Bonds; or fAb11072\sou870\67000\gencert (ii) in any way contesting (a) the right and power of the Unit in connection with any action taken by it towards the creation of the Issuer or (b) the titles or authority of the current City Council members or officers of the Unit to their respective offices. 6. The Attorney General of the State of Texas is hereby authorized to date this certificate on and as of the date on his approval of the Series 1994 Bonds, and this certificate and the matters herein certified shall be deemed for all purposes to be true, accurate and correct on and as of that date, and on and as of the Issue Date, unless the Issuer through an authorized officer shall notify the Attorney General in writing to the contrary prior to either of such dates. 7 WITNESS OUR HANDS AND THE OFFICIAL SEAL OF THE UNIT this AQ day of ,qpRll_ , 1994 f.\b11072\sou870\67000\gencart MAFQV/A� IN