Loading...
1997 11 06 CC Minutes, Special(%"1" MINUTES OF THE SPECIAL SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN November 6, 1997 The City Council of the City of Baytown, Texas, met in special session on Thursday, November 6, 1997, at 4:45 p.m., in the City Hall Conference Room, 2123 Market Street, with the following in attendance: Victor Almendarez Council Member Manuel Escontrias Council Member E. Frank Hinds, Jr. Council Member Stephen DonCarlos Council Member Scott Sheley Council Member Pete C. Alfaro Mayor Bobby Rountree City Manager Ignacio Ramirez City Attorney Eileen P. Hall City Clerk Absent: David Byford Council Member The meeting opened with a quorum present, and the following business was conducted. Consider Proposed Ordinance No. 971106 -1 Approving a Resolution of the Baytown Area Water Authority Board Authorizing the Issuance of $1,350,000 Baytown Area Water Authority Water Supply Contract Revenue Bonds, Series 1997 (City of Baytown Project) The ordinance approves a resolution of the BAWA Board authorizing the issuance of $1,350,000 BAWA Water Supply Contract Revenue Bonds, Series 1997 (City of Baytown Project). The low bidder was Smith Barney at 4.8520 percent. Council Member Almendarez moved to adopt the ordinance. Council Member Sheley seconded the motion. The vote follows: 941106 -z Minutes of Special Meeting — November 6,1997 Ayes: Council Members Escontrias, Hinds DonCarlos, Almendarez, and Sheley Mayor Alfaro Nays: None For copy of Ordinance No. 8123, see Attachment "A." Adjourn As there was no further business to be transacted, the meeting was adjourned. _G�iGGv1 -CI �7�y�SL�� Eileen P. Hall, City Clerk ATTACHMENT "A" ORDINANCE NO. 8123 AN ORDINANCE APPROVING A RESOLUTION AUTHORIZING THE ISSUANCE OF BAYTOWN AREA WATER AUTHORITY WATER SUPPLY CONTRACT REVENUE BONDS, SERIES 1997 (CITY OF BAYTOWN PROJECT); ACCEPTING THE TERMS AND CONDITIONS OF SUCH RESOLUTION; PROVIDING FOR CONTINUING DISCLOSURE WITH RESPECT TO SUCH BONDS; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council (the "Council ") of the City of Baytown, Texas (the "City") has entered into an Amended and Restated Water Supply Contract -- Treated Water, originally dated January 31, 1977, and amended and restated as of October 23, 1997 (the "Contract "), with the Baytown Area Water Authority (the "Authority"); and WHEREAS, pursuant to Chapter 600, Acts of the 63rd Legislature of the State of Texas, Regular Session, 1973, as amended (the "Act "), and the Contract, the Authority now proposes to issue its bonds styled "Baytown Area Water Authority Water Supply Contract Revenue Bonds, Series 1997 (City of Baytown Project) (the "Bonds "); and WHEREAS, the Act and the Contract require that the Council approve the Authority's resolution authorizing issuance of the Bonds (the "Bond Resolution ") prior to issuance and delivery of the Bonds. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: A copy of the Bond Resolution has been submitted to the Council in the form attached hereto as Exhibit "A" and made a part hereof. The Bond Resolution, including all of the terms and conditions thereof, is hereby approved, and the Bonds are hereby approved and authorized to be issued pursuant to the Bond Resolution. Section 2: In consideration of the issuance of the Bonds by the Authority, the City hereby makes the following agreement for the benefit of the Authority and the holders and beneficial owners of the Bonds. The City is required to observe the agreement for so long as it is an "obligated person" with respect to the Bonds within the meaning of SEC Rule 15c2 -12 (the "Rule "). (a) The City shall provide annually to each nationally recognized municipal securities information repository ( "NRMSIR ") and the state information depository ( "SID "), within six months after the end of each fiscal year, financial information and operating data with respect to the City of the general type included in the Official Statement for the Bonds under Tables 3 through 5 and in Appendix B. The information to be provided will include audited financial statements, if the City commissions an audit and it is completed by the required time. If audited financial statements are not available by the required time, the City will provide unaudited financial statements at the required time and audited financial statements when and if they become available. Any financial statements so to be provided shall be prepared in accordance with the accounting principles described in Appendix B to the Official Statement, or such other accounting principles as the City may be required to employ from time to time pursuant to State law or regulation. If the City changes its fiscal year, it will notify each NRMSIR and the SID of the change (and of the date of the new fiscal year end) prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document, if it is available from the Municipal Securities Rulemaking Board ( "MSRB ") ) that theretofore has been provided to each NRMSIR and the SID or filed with the United States Securities and Exchange Commission ( the "SEC "). The City shall notify the SID and either each NRMSIR or the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with this agreement. (b) The City shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the City remains an "obligated person" with respect to the Bonds within the meaning of the Rule. The provisions of this Section are for the sole benefit of the Authority and the holders and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. The provisions of this Section may be amended by the City from time to time to adopt to changed circumstances that arise from a change in legal requirements, change in law, or change in the identity, nature, status or type of operations of the City, but only if (1) the agreement, as amended, would have permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2) either (a) the holders of a majority in aggregate principal amount of the outstanding Bonds consent to such amendment, or (b) a person unaffiliated with the City (such as nationally recognized bond counsel), determines that the amendment will not materially impair the interests of the holders and beneficial owners of the Bonds. If any such amendment is made, the City will include in its next annual update an explanation in narrative form of the reasons for the change and its impact on the type of operating data or financial information being provided. Section 3: This Ordinance shall become effective immediately upon passage by this City Council and signature of the Mayor. PASSED AND APPROVED this 6th day of November, 1997. C Mayor CITY OF BAYTOWN, TEXAS ATTEST: 21�e� /J X, City Clerk CITY OF BAYTOWN, TEXAS (SEAL) MINUTES OF THE SPECIAL SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN November 6, 1997 The City Council of the City of Baytown, Texas, met in special session on Thursday, November 6, 1997, at 5:10 p.m., in the City Hall Conference Room, 2123 Market Street, with the following in attendance: Victor Almendarez Council Member Manuel Escontrias Council Member E. Frank Hinds, Jr. Council Member Stephen DonCarlos Council Member Scott Sheley Council Member Pete C. Alfaro Mayor Bobby Rountree City Manager Ignacio Ramirez City Attorney Eileen P. Hall City Clerk Absent: David Byford Council Member The meeting opened with a quorum present, and the following business was conducted. Hold Public Hearing on Proposed Two -Year Crime Control Plan and Two -Year Budget of the Baytown Crime Control and Prevention District Mayor Alfaro called to order the public hearing of the City Council concerning the proposed crime control plan and budget plan of the Baytown Crime Control and Prevention District and recessed to continue the public hearing scheduled by the Temporary Board of the Crime Control and Prevention District. When the public hearing reconvened, Mayor Alfaro announced that everyone desiring to speak at the hearing should sign the list which would provide the speaking order for the public hearing. Since no one signed to speak, Mayor Alfaro requested that the City Manager briefly introduce the proposed crime control plan and budget plan of the Baytown Crime Control and Prevention District. The City Manager briefly summarized the proposed crime control plan and budget plan of the Baytown Crime Control and Prevention District as outlined in Attachment "A." 971106 -2 Minutes of Special Meeting — November 6, 1997 " There being no one desiring to speak, Mayor Alfaro closed the public hearing concerning the proposed crime control plan and budget plan of the Baytown Crime Control and Prevention District. Adjourn As there was no further business to be transacted, the meeting was adjourned. Eileen P. Hall, City Clerk