CC Resolution No. 2666RESOLUTION NO. 2666
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO
ISSUE CERTIFICATES OF OBLIGATION; APPROVING THE
PREPARATION OF ONE OR MORE PRELIMINARY OFFICIAL
STATEMENTS AND NOTICES OF SALE; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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WHEREAS, the City Council of the City of Baytown, Texas (the "City"), deems it
advisable to issue certificates of obligation (the "Certificates") of the City in accordance with the
notice hereinafter set forth; and
WHEREAS, the City also deems it advisable to issue a series of general obligation
refunding bonds (the "Bonds") in order to achieve present value debt service savings; and
WHEREAS, the City desires to approve the preparation of one or more preliminary official
statements (each a "Preliminary Official Statement") and one or more notices of sale (each a
"Notice of Sale") in anticipation of its issuance of the Certificates and the Bonds; NOW,
THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1. The findings, determinations, definitions and recitations set out in the
preamble to this resolution are found to be true and correct and are hereby adopted by City Council
and made a part hereof for all purposes.
Section 2. The City Clerk is hereby authorized and directed to cause to be published
and posted in the manner required by law and in substantially the form attached hereto as Exhibit
"A", a notice of the City's intention to issue the Certificates (the "Notice").
Section 3. The Notice shall be published once a week for two (2) consecutive weeks
in a newspaper that is of general circulation in the City, the date of the first publication to be before
the forty-fifth (45t') day before the date tentatively set in the Notice for the passage of the ordinance
authorizing the issuance of the Certificates. In addition, the Notice shall be posted continuously
on the City's website for at least forty-five (45) days before the date tentatively set in the Notice
for the passage of the ordinance authorizing the issuance of the Certificates.
Section 4. For purposes of section 1.150-2(d) of the Treasury Regulations, this Notice
serves as the City's official declaration of intent to reimburse itself from proceeds of the
Certificates in the maximum principal amount and for expenditures paid in connection with the
projects, each as set forth in Exhibit A hereof. Any such reimbursement will only be made (i) for
an original expenditure paid no earlier than 60 days prior to the date hereof and (ii) not later than
18 months after the later of (A) the date the original expenditure is paid or (B) the date the project
to which such expenditure relates is placed in service or abandoned, but in no event more than
three years after the original expenditure is paid.
Section 5. For the purposes of the Notice, the City hereby designates as self-supporting
those public securities listed in the attached Exhibit B, the debt service on which the City currently
pays from sources other than ad valorem tax collections. The City plans to continue to pay these
public securities based on this practice; however, there is no guarantee this practice will continue
in future years.
Section 6. The Finance Director, the Treasurer, and other appropriate officials of the
City, the City's financial advisor, Hilltop Securities Inc., and bond counsel, Bracewell LLP, are
authorized and directed to proceed with the preparation of one or more Preliminary Official
Statements and the Notices of Sale, and to make other necessary arrangements for the sale of the
Certificates and the Bonds at a future meeting of the City Council of the City.
Section 7. The Mayor, the Finance Director, City Clerk, and other officers and agents
of the City are hereby authorized and directed to do any and all things necessary or desirable to
carry out the provisions of this resolution.
Section 8. This resolution shall take effect immediately from and after its passage by
the City Council of the City of Baytown.
[Remainder of Page Intentionally Left Blank]
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the
City of Baytown, Texas this 23`d day of July, 2020.
BRANDON CAPETILLO, ayor
ATT T:
L ICIA BRYSCH, Cit Jerk
APPROVED AS TO FORM:
KAREN HORNER, Interim City Attorney
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EXHIBIT A
NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION
NOTICE IS HEREBY GIVEN that the City Council of the City of Baytown, Texas (the
"City"), will meet at City Hall, 2401 Market Street, Baytown, Texas, 77520, at 6:30 p.m. on the
10th day of September, 2020, which is the time and place tentatively set for the passage of an
ordinance and such other action as may be deemed necessary to authorize the issuance of the City's
certificates of obligation, in the maximum aggregate principal amount not to exceed $42,000,000
payable from ad valorem taxes and from a limited pledge of a subordinate lien on the net revenues
of the City's waterworks and sanitary sewer system, bearing interest at any rate or rates not to
exceed the maximum interest rate now or hereafter authorized by law, as shall be determined
within the discretion of the City Council of the City at the time of issuance of the Certificates, and
maturing over a period not to exceed forty (40) years from the date of issuance, for the purposes
of evidencing the indebtedness of the City for all or any part of the costs associated with the
(i) construction of improvements to and the equipment of the City's water and sewer system,
(ii) the construction of improvements to roads and related infrastructure, including lighting,
signals, signage, and drainage, and (iii) cost of professional services incurred in connection
therewith. The estimated combined principal and interest required to pay the Certificates on time
and in full is approximately $52,657,296.66. Such estimate is provided for illustrative purposes
only, and is based on an assumed interest rate of 2.34141 %. Market conditions affecting interest
rates vary based on a number of factors beyond the control of the City, and the City cannot and
does not guarantee a particular interest rate associated with the Certificates. As of the date of this
notice, the aggregate principal amount outstanding of tax -supported debt obligations of the City
(excluding public securities secured by an ad valorem tax but designated by the City as self-
supporting in Resolution No. 2666, dated July 23, 2020, which resolution is available from the
City upon request) is $85,364,001, and based on the City's expectations, as of the date of this
notice the combined principal and interest required to pay all of the outstanding tax -supported debt
obligations of the City (excluding public securities secured by an ad valorem tax but designated
by the City as self-supporting) on time and in full is $103,409,851.90.
WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY, this 23`d day of July
2020.
Leticia Brysch
City Clerk
City of Baytown, Texas
#6191195.3
EXHIBIT B
SELF-SUPPORTING DEBT
Principal Amount
Designated as Self -
Supporting
Series Designation
$ 5,083,612
General Obligation and Refunding Bonds, Series 2012
11,670,000
Combination Tax and Revenue Certificates of Obligation, Series 2013
9,055,000
Combination Tax and Revenue Certificates of Obligation, Series 2014
3,679,711
General Obligation and Refunding Bonds, Series 2014
10,442,232
General Obligation and Refunding Bonds, Series 2015
20,290,449
General Obligation Refunding Bonds, Series 2016
15,145,000
Combination Tax and Revenue Certificates of Obligation, Series 2016
6,050,000
Combination Tax and Revenue Certificates of Obligation, Series 2018
18,010,000
Combination Tax and Revenue Certificates of Obligation, Series 2019
4,850,000
General Obligation Refunding Bonds, Series 2019A
$104,276,004
Total Principal Amount Designated as Self -Supporting
#6191195.3