Subject: 21237/Indebted/ClarksvillePubBldgAuth/LoanAgmt Date: Fri, 25 Oct 1996 08:25:12 -0500 RESOLUTION NO. 21237 AN INITIAL RESOLUTION AUTHORIZING THE INCURRENCE OF INDEBTEDNESS BY THE CITY OF CHATTANOOGA, TENNESSEE, OF NOT TO EXCEED SEVEN MILLION, NINE HUNDRED EIGHT THOUSAND DOLLARS ($7,908,000.00), BY THE EXECUTION WITH THE PUBLIC BUILDING AUTHORITY OF THE CITY OF CLARKSVILLE, TENNESSEE, OF A LOAN AGREEMENT OR OTHER INSTRUMENT EVIDENCING SUCH INDEBTEDNESS, TO PROVIDE FUNDING FOR CERTAIN PUBLIC WORKS PROJECTS, AND TO FUND THE INCIDENTAL AND NECESSARY EXPENSES RELATED THERETO. WHEREAS, it is necessary and in the public interest of the City of Chattanooga, Tennessee (the "Municipality") to incur indebtedness (the "Indebtedness"), through the execution with The Public Building Authority of the City of Clarksville, Tennessee (the "Authority"), of a loan agreement or other instrument evidencing such Indebtedness (a "Loan Agreement"), for the purpose of financing certain public works projects, as hereinafter more fully described, and to pay legal, fiscal, administrative, and engineering costs, and costs incident to the financing thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE: SECTION 1. For the purpose of financing all or a portion of the costs of certain public works projects, consisting of the acquisition and installation of a communication system for the Municipality, the acquisition and renovation of a building for 0C use by the Municipality, improvements to parks and recreational facilities of the Municipality, street and road improvements, bridge improvements, and the acquisition of fire equipment, the acquisition of all property real and personal appurtenant thereto and connected with such work, and to pay all legal, fiscal, administrative, and engineering costs incident thereto, and costs incident to incurring the Indebtedness (collectively, the "Project"), the Municipality is hereby authorized to incur Indebtedness in the amount of not to exceed Seven Million Nine Hundred Eight Thousand Dollars ($7,908,000), for the financing of the Project through the execution of a Loan Agreement with the Authority. The rate of interest payable pursuant to the provisions of a Loan Agreement shall be a variable rate which rate shall not exceed the maximum rate of interest permitted under the laws of the State of Tennessee. SECTION 2. Principal of, premium, if any, and interest on, the Loan Agreement shall be payable from ad valorem taxes to be levied for such purpose on all taxable property within the corporate limits of the Municipality, without limitation as to time, rate, and amount and for the punctual payment of said principal of, premium, if any, and interest on, the Loan Agreement, the full faith and credit of the Municipality will be irrevocably pledged. SECTION 3. The Loan Agreement shall be executed pursuant to the provisions of Title 9, Chapter 21, Tennessee Code Annotated, as amended (the "Act"), and Title 12, Chapter 10, Tennessee Code Annotated, as amended. SECTION 4. After the adoption of this Resolution, the Clerk is directed to cause this Resolution, with the notice prescribed by the Act, to be published in full once in a newspaper published and having general circulation in the Municipality. SECTION 5. This Resolution shall take effect from and after its adoption, the welfare of the Municipality requiring it. ADOPTED: January 7, 1997 :cjc 0C NOTICE The foregoing Resolution has been adopted. Unless within twenty (20) days from the date of publication hereof a petition, signed by at least ten percent (10%) of the registered voters of the City of Chattanooga, Tennessee, shall have been filed with the Clerk of the City of Chattanooga, Tennessee, protesting the incurrence of the Indebtedness by the execution of the Loan Agreement, such Loan Agreement will be executed, as proposed. 0C STATE OF TENNESSEE ) COUNTY OF HAMILTON ) I, Carol K. O'Neal, hereby certify that I am the duly qualified and acting Clerk of the City Council of the City of Chattanooga, Tennessee (the "Municipality"), and, as such official, I further certify as follows: (1) that attached hereto is a copy of a resolution excerpted from the minutes of the meeting of the City Council (the "Council") of said Municipality held on January 7, 1997; (2) that I have compared said copy with the original minute record of said meeting in my official custody; (3) that said copy is a true, correct, and complete transcript from said original record insofar as said original record relates to, among other matters, the incurring of indebtedness in the amount of not to exceed $7,908,000 by said Municipality; (4) that the actions by said Council including the aforementioned, at said meeting were promptly and duly recorded by me in a book kept for such purpose; and, (5) that a quorum of the members of said Council was present and acting throughout said meeting. WITNESS, my official signature and the seal of said Municipality this 8th day of January, 1997. s/_________________________________ CAROL K. O'NEAL, Clerk City Council of the City of Chattanooga, Tennessee (SEAL)