City Council Special Call

CITY COUNCIL SPECIAL CALL MINUTES Wednesday, October 11, 2023 Council Assembly Room 5:15 PM 70 S. Clayton St, GA 30046 Call to Order PRESENT Mayor David Still Council Member Glenn Martin Council Member Victoria Jones Council Member Marlene Taylor-Crawford ABSENT Mayor Pro Tem Austin Thompson Approval of Agenda Motion to approve agenda as presented made by Council Member Jones, Seconded by Council Member Martin. Voting Yea: Mayor Still, Council Member Martin, Council Member Jones, Council Member Taylor- Crawford Council Business There is no public comment during this section of the agenda unless formally requested by the Mayor and the Council. 1. Approval of Authorizing Resolution for 2023 Bonds Chief Financial Officer Keith Lee and Bond Council Ken Pollock presented this item and answered questions from Council. Motion authorizing Resolution for 2023 Bonds made by Council Member Jones, Seconded by Council Member Martin. Voting Yea: Mayor Still, Council Member Martin, Council Member Jones, Council Member Taylor-Crawford  2. Sale of Surplus Property located in Land Lots 10 and 145 of the 5th and 7th Land Districts of Gwinnett County, Georgia Assistant City Manager Barry Mock presented this item and answered questions from Council. Motion to approve the sale of Surplus Property located in Land Lots 10 and 145 of the 5th and 7th Land Districts of Gwinnett County, Georgia made by Council Member Martin, Seconded by Council Member Jones. Voting Yea: Mayor Still, Council Member Martin, Council Member Jones, Council Member Taylor-Crawford Final Adjournment Motion to adjourn made by Council Member Jones, Seconded by Council Member Taylor-Crawford. Voting Yea: Mayor Still, Council Member Martin, Council Member Jones, Council Member Taylor- Crawford Minutes Signatures ________________________ David R. Still, Mayor ________________________ Karen Pierce, City Clerk  RESOLUTION RES-2023-18 AUTHORIZING RESOLUTION WHEREAS, in furtherance of the purposes for which it was created, the Lawrenceville Building Authority (the "Issuer") proposes to issue $14,345 ,000 in original aggregate principal amount of its Revenue Bonds (City of Lawrenceville Project), Series 2023 (the "Series 2023 Bonds"), in order to finance the costs of acquiring, constructing, and installing natural gas distribution facilities (the "Facilities"), and to finance related costs; and WHEREAS, the Issuer proposes to use a portion of the proceeds of the Series 2023 Bonds to acquire the existing Facilities from the City of Lawrenceville (the "Purchaser") pursuant to an Agreement of Sale (the "Agreement"), to be dated as of November 1, 2023 , and the Purchaser proposes to apply the proceeds of the sale of such existing Facilities to the Issuer to pay all or part of the costs of the Purchaser Infrastructure Projects (as defined in the Agreement); and WHEREAS, Section l.03(c)(22) of the Charter of the Purchaser authorizes the Purchaser to acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of gas works; and WHEREAS, Article IX, Section III, Paragraph I of the Constitution of the State of Georgia of 1983 authorizes the Purchaser ( 1) to contract for any period not exceeding fifty years with any public corporation or public authority for joint services, for the provision of services, or for the joint or separate use of facilities or equipment, if such contract deals with activities, services, or facilities that the contracting parties are authorized by law to undertake or provide, and (2) in connection with any such contract to convey any existing facilities or equipment to any public corporation or public authority; and WHEREAS, the Purchaser proposes to purchase the improved Facilities from the Issuer pursuant to the Agreement, under the terms of which the Purchaser ( 1) will agree to make installment payments of purchase price to the Issuer in amounts sufficient to enable the Issuer to pay the principal of, premium, if any, and interest on the Series 2023 Bonds when due, and (2) will agree to levy an annual ad valorem tax on all taxable property located within the corporate limits of the Purchaser, at such rate or rates, without limitation as to rate or amount, as may be necessary to produce in each year revenues that are sufficient to fulfill the Purchaser's obligations under the Agreement; and WHEREAS, the Issuer adopted a Master Bond Resolution on October 11 , 2023 (the "Master Bond Resolution"), authorizing the issuance of the Series 2023 Bonds; and WHEREAS, pursuant to the Master Bond Resolution, the payments to be received by the Issuer from the Purchaser pursuant to the Agreement are pledged to, and a first priority lien is created thereon as security for, the payment of principal of, premium, if any, and interest on the Series 2023 Bonds and any Additional Bonds (as defined in the Master Bond Resolution) that may be issued; and WHEREAS, the Master Bond Resolution sets forth, among other things, the interest rates that the Series 2023 Bonds bear and the principal amount of the Series 2023 Bonds that will mature, either at maturity or by proceedings for mandatory redemption, in each year, and the Issuer has furnished the Purchaser with a certified copy of the Master Bond Resolution in order that any payments required to be made by the Purchaser under the Agreement may be accurately computed and conclusively established; and WHEREAS, the Issuer has authorized the marketing of the Series 2023 Bonds by means of a Preliminary Official Statement, dated October 4, 2023 (the "Preliminary Official Statement"), and an Official Statement, to be dated the date hereof (the "Official Statement"), both of which will contain information about the Issuer, the Purchaser, and the Facilities; and WHEREAS, the Issuer has determined to sell the Series 2023 Bonds through a competitive sale and has authorized and approved the use and distribution by the Issuer of an Official Notice of Sale with respect to the Series 2023 Bonds (the "Notice of Sale"), providing for the receipt by the Issuer of electronic bids submitted via BIDCOMP/PARITY for the purchase of the Series 2023 Bonds, and the Preliminary Official Statement; and WHEREAS, after careful study and investigation, the Purchaser desires to enter into the Agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lawrenceville, Georgia as follows: 1. The form, terms, and conditions and the execution, delivery, and performance of the Agreement, which has been filed with the Purchaser, are hereby approved and authorized. The Agreement shall be in substantially the form submitted to the City Council of the Purchaser with such changes, corrections, deletions, insertions, variations, additions, or omissions as may be approved by the Mayor or Mayor Pro Tempore of the Purchaser, whose approval thereof shall be conclusively evidenced by the execution of the Agreement. 2. The Mayor or Mayor Pro Tempore of the Purchaser is hereby authorized and directed to execute on behalf of the Purchaser the Agreement, and the City Clerk of the Purchaser is hereby authorized and directed to affix thereto and attest the seal of the Purchaser, upon proper execution and delivery of the other parties thereto, provided, that in no event shall any such attestation or affixation of the seal of the Purchaser be required as a prerequisite to the effectiveness thereof, and the Mayor or Mayor Pro Tempore and City Clerk of the Purchaser are authorized and directed to deliver the Agreement on behalf of the Purchaser to the other parties thereto, and to execute and deliver all such other contracts, instruments, documents, affidavits, or certificates (including, without limitation, a Rule 15c2-12 Certificate and a Continuing Disclosure Certificate) and to do and perform all such things and acts as each shall deem necessary or appropriate in furtherance of the issuance of the Series 2023 Bonds and the carrying out of the transactions authorized by this Resolution or contemplated by the instruments and documents referred to in this Resolution. 3. The use and distribution of the Notice of Sale and the Preliminary Official Statement and Official Statement with respect to the Series 2023 Bonds shall be and is hereby authorized, ratified, confirmed, and approved, and execution and delivery of the Official Statement in final form shall be and is hereby authorized, ratified, confirmed, and approved. The Mayor or Mayor -2- Pro Tempore is hereby authorized and directed to ratify, confirm, approve, execute, and deliver the Official Statement on behalf of the Purchaser, and the execution of an Official Statement by the Mayor or Mayor Pro Tempore shall constitute conclusive evidence of the Mayor or Mayor Pro Tempore's ratification, confirmation, approval, and delivery thereof on behalf of the Purchaser. 4. This Resolution and the Agreement, as approved by this Resolution, which are hereby incorporated in this Resolution by this reference thereto, shall be placed on file at the office of the Purchaser and made available for public inspection by any interested party immediately following the passage and approval of this Resolution. PASSED, ADOPTED, SIGNED, APPROVED, AND EFFECTIVE this 11th day of October 2023. CITY OF LAWRENCEVILLE (SEAL) B~ G Z - Mayor J:tJf Attest: CityClrk -3-  CITY CLERK'S CERTIFICATE I, KAREN PIERCE, the duly appointed, qualified, and acting City Clerk of the City of Lawrenceville (the "Purchaser"), DO HEREBY CERTIFY that the foregoing pages of typewritten matter constitute a true and correct copy of a resolution adopted on October 11 , 2023 , by the City Council of the Purchaser in a meeting duly called and assemglJ d in accordance with applicable laws and with the procedures of the Purchaser, by a vote of _ L-/' _Y ea and _.f2_ Nay, which meeting was open to the public and at which a quorum was present and acting throughout, and that the original of the foregoing resolution appears of public record in the Minute Book of the Purchaser, which is in my custody and control. GIVEN under my hand and the seal of the Purchaser, this 11th day of October 2023. (SEAL) & C:~'y: ~SC Q cityCeriZ City of Lawrenceville