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Agenda - City of Dallas

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COUNCIL CHAMBER<br />

February 22, 2012<br />

Section 4. That the Corporation is authorized to finance the projects described in the<br />

preambles here<strong>of</strong> through the issuance <strong>of</strong> one or more series or issues <strong>of</strong> revenue<br />

bonds, notes or other obligations that are payable solely from revenues to be received<br />

by or on behalf <strong>of</strong> the Corporation pursuant to agreements between the Corporation and<br />

educational institutions or amounts to be received from persons acting on behalf <strong>of</strong> such<br />

educational entities, with the <strong>City</strong> having no obligation to pay the Corporation or any<br />

other person, including, specifically, the holders <strong>of</strong> such obligations, any amounts with<br />

respect to such obligations. Such obligations shall never constitute a debt or pledge <strong>of</strong><br />

the faith and credit <strong>of</strong> the taxing power <strong>of</strong> the <strong>City</strong>.<br />

Section 5. That it is intended that the Corporation be a duly constituted authority and<br />

instrumentality <strong>of</strong> the <strong>City</strong>, with the power to act on its behalf and to accomplish the<br />

public purposes <strong>of</strong> the State within the meaning <strong>of</strong> regulations and revenue rulings <strong>of</strong><br />

the Treasury Department <strong>of</strong> the Internal Revenue Service <strong>of</strong> the United States<br />

promulgated under Sections 103 and 115 <strong>of</strong> the Internal Revenue Code <strong>of</strong> 1986, as<br />

amended (the "Code").<br />

Section 6. That this <strong>City</strong> Council hereby approves the initial Bylaws for the Corporation<br />

in substantially the form and substance attached hereto as Exhibit "B".<br />

Section 7. That this resolution shall take effect immediately from and after its adoption.<br />

Section 8. That it is the intention <strong>of</strong> the <strong>City</strong> Council that this resolution and every<br />

provision or portion here<strong>of</strong> be considered severable, and that no portion or provision<br />

here<strong>of</strong> shall become inoperative or fail by any reason <strong>of</strong> unconstitutionality or invalidity<br />

<strong>of</strong> any such portion or provision. If an provision, section, subsection, sentence, clause,<br />

or phrase <strong>of</strong> this resolution, or the application <strong>of</strong> same to any person or set <strong>of</strong><br />

circumstances for any reason whatsoever is held to be unconstitutional, void, or invalid<br />

or for any reason unenforceable, then the validity <strong>of</strong> the remaining portions <strong>of</strong> this<br />

resolution or the application there<strong>of</strong> shall remain in full force and effect.<br />

Section 9. That all resolutions or ordinances, or parts there<strong>of</strong> respectively, in conflict<br />

herewith are hereby repealed only to the extent that same are inconsistent or in conflict<br />

herewith.<br />

Section 10. That the <strong>City</strong> Secretary <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Dallas</strong> is hereby authorized and<br />

directed to publish the caption <strong>of</strong> this resolution in the manner and for the length <strong>of</strong> time<br />

prescribed by law.<br />

Section 11. That upon the publication <strong>of</strong> notice and the holding <strong>of</strong> a public hearing, the<br />

mayor <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Dallas</strong> is authorized to execute and deliver a certificate approving<br />

the bonds to be issued for the benefit <strong>of</strong> Uplift Education, a Texas non-pr<strong>of</strong>it corporation<br />

and the facilities to be financed with proceeds <strong>of</strong> such bonds for the purpose <strong>of</strong><br />

satisfying the requirements <strong>of</strong> Section 147(f) <strong>of</strong> the Code.

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