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HomeMy WebLinkAbout08-08-85-9.A - Resolution - 08/08/1985RESOLUTION NO. O8-O8-85-9.A A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, RELATING TO THE APPROVAL OF THE ISSUANCE OF CERTAIN STUDENT LOAN REVENUE BONDS BY THE SOUTHEAST TEXAS HIGHER EDUCATION AUTHORITY INC.; ASSIGN- ING A PORTION OF THE STATE PRIVATE ACTIVITY BOND CEILING; APPROVING THE ISSUANCE OF SUCH BONDS; AND HAKING CERTAIN FINDINGS IN CONNECTION THEREWITH. WHEREAS, the City of College Station, Texas (the "City") has heretofore requested that the Southeast Texas Higher Education Authority, Inc, (the "Authority") organize and operate pursuant to Section 53,47(e~, Texas Education Code, V,A,T,C,S,, as amended (the "Act"), for the pur- pose of furthering educatlonal opportunities of students by providing funds of the acquisition for student loans; and, WHEREAS, the Authority has heretofore issued and there remains out- standing a series of its bonds known as "Southeast Texas Higher Educa- tion Authority, Inc, Student Loan Revenue Bonds, Series 1982A" in the principal amount of $25,000,000 (the "Outstanding Bonds"); and, WHEREAS, the Board of Directors (the "Board") of the Authority at a special meeting of the Board held on the 25th day of July, 1985, found and determined that it would be in the best interests of the Authority to provide for the refunding of the Outstanding Bonds in the manner provided by Article 717k, V.A.T.C.S., as amended, and to provide funds for the purchase or making of additional stu- dent Joans by issuing Student Loan Revenue Bonds, Series 1985 (the "Series 1985 Bonds") in the aggregate principal amount not to exceed $60,000,000; and, WHEREAS, the Act requires that the governing body of the City approve the issuance of the Series 1985 Bonds by the Authority; and, WHEREAS, it is additionally required pursuant to Section 103(n) of the Internal Revenue Code of 1954, as amended (the "Code") that the City assign a portion of State Private Activity Bond Ceiling to the Authority; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: Section 1. That all of the recitals contained in the preamble hereof are found to be true and are adopted as the findings of this City Council. Section 2. That the issuance of the Series 1985 Bonds for the purposes and in the maximum amount set forth in the preamble hereof is Resolution No. O8-O8-85-9. A Page 2 hereby approved, to be issued at an interest rate not to exceed the maximum lawful rate set forth in Article 717k-2, V.A.T.C.S, which rate shall be the approved rate of interest as required by Section 3 of the Resolution No. 4-24-80-16 passed and approved by this City on the 24th day of April, 1980. Section 3. That the City hereby assigns to the Authority that amount of the State private activity bond ceiling, availab]e to gov- erning units in the State of Texas under Section 103(n) of the Code, that is allocated to the City with respect to the Series 1985 Bonds pursuant to Executive Order MW-27B (Executive Department, Office of the Governor, March 8, 1985) or H.B. 690, of the 69th Session of the Texas Legislature, whichever is applicable. Section 4. At such time as the Series 1985 Bonds are approved by the Attorney General of Texas, a copy of the Attorney General's approv- ing opinion shall be filed (by the Authority) with the City Secretary. Section 5. In no event does the City assume any responsibility in connection with (i) the administration of this student loan program; (ii) the issuance and delivery of bonds in connection therewith; or (iii) the payment of any of the bonds issued by the Authority, it being understood these responsibi]itles are being assumed by the Authority. Section 6. This resolution shall be effective from and after its adoption. PASSED and APPROVED this the 8th day of August , 1985, by a vote of 7 ayes and 0 nays at a regular meet'i'ng of the City Council of the City of College Station, Texas. ATTEST: Gary M. , ~la~r-