R2018-214 2018-10-22 RESOLUTION NO. 2018- a It •
RESOLUTION OF THE CITY OF PEARLAND, TEXAS APPROVING THE RESOLUTION
AUTHORIZING THE ISSUANCE OF THE DEVELOPMENT AUTHORITY OF PEARLAND
TAX INCREMENT CONTRACT REVENUE BONDS SERIES 2018; APPROVING A BOND
RESOLUTION, PRIVATE PLACEMENT LETTER, AND OTHER DOCUMENTS RELATING
TO THE BONDS; MAKING CERTAIN FINDINGS AND CONTAINING OTHER
PROVISIONS RELATED THERETO
STATE OF TEXAS
COUNTIES OF BRAZORIA AND HARRIS
CITY OF PEARLAND
WHEREAS, by City Ordinance No. 891, the City of Pearland, Texas (the "City") created
Reinvestment Zone Number Two, City of Pearland, Texas (the "Zone") pursuant to Chapter 311,
Texas Tax Code (the "TIRZ Act"); and
WHEREAS, by Resolution No. 2004-107 adopted by the City Council of the City on June
28, 2004, the City authorized the creation of the Development Authority of Pearland (the
"Authority") as a local government corporation pursuant to Subchapter D of Chapter 431, Texas
Transportation Code (the "LGC Act"), to aid, assist and act on behalf of the City in the
performance of the City's governmental and proprietary functions with respect to the common
good and general welfare of the Zone; and
WHEREAS, by City Ordinance No. R2004-170, the City authorized an agreement with
the Zone and the Authority (the "Tri-Parry Agreement"), which sets forth, among other things, the
duties and responsibilities of the Authority, the City and the Zone as they relate to reimbursements
for Project Costs (as defined in the Indenture) in the Zone, and pursuant to which the City and the
Zone have agreed to pay the Authority on an annual basis certain of the Tax Increments (as
defined in the Indenture) then available in the Tax Increment Fund (as defined in the Indenture);
and
WHEREAS, the Tri-Party Agreement authorizes the Authority to issue bonds secured by
payments made to the Authority under the Tri-Party Agreement and further authorizes the
Authority to issue such bonds for the purpose of making developer reimbursements for Project
Costs only with the approval of the City; and
WHEREAS,the Authority has currently outstanding its $9,150,000 Tax Increment Contract
Revenue Bonds, Series 2013;. $8,060,000 Tax Increment Contract Revenue Bonds, Series 2014;
$66,030,000 Tax Increment Contract Revenue and Refunding Bonds, Series 2015; $12,230,000
Tax Increment Contract Revenue Bonds, Series 2016 and $8,555,000 Tax Increment Contract
Revenue Bonds, Series 2017;
WHEREAS, the Authority desires to issue its Tax Increment Contract Revenue Bonds,
Series 2018 in the aggregate principal amount of $5,835,000 (the "Bonds") pursuant to a
resolution authorizing the issuance of the Bonds (the "Bond Resolution") adopted by the
Authority on October 22, 2018, and the Authority desires to use the proceeds from the sale of
4126-5852-3928.1
such Bonds for the purposes of (1) paying Project Costs (which includes amounts owed to
developers under certain development agreements and the acquisition and the construction of
certain public works and public improvements within the Zone), and (2) paying costs of issuance
of the Bonds, all under and pursuant to the authority of the Act and all other applicable law; and
WHEREAS none of the proceeds of the Bonds shall be used for the purpose of paying or
otherwise providing for educational facilities, and
WHEREAS the City Council desires to approve the issuance of the Authority's Tax
Increment.Contract Revenue Bonds, Series 2018;Now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS
THAT:
Section 1. Preamble. The facts and recitations set out in the preamble of this Resolution
are found to be true and correct and are hereby adopted and made a part hereof for all purposes.
Section 2. Approval of Bonds; Authorization of Agreements; Approval of
Reimbursements. City Council hereby approves the issuance of the Bonds by the Authority and
all reasonable agreements necessary in connection with the issuance of the Bonds, including
without limitation the following: the Private Placement Letter with Regions Capital Advantage,
Inc. (attached hereto as Exhibit A), and any and all other documents and agreements reasonable
and necessary for the Authority to issue the Bonds (collectively, the "Agreements"). City Council
hereby reconfirms its prior approval of certain developer reimbursements and acknowledges that a
portion of the proceeds from the sale of the Bonds will be used to make such reimbursements.
Section 3. Approval of Bond Resolution. City Council hereby approves the Authority's
Bond Resolution authorizing the issuance of the Authority's $5,835,000 Development Authority
of Pearland Tax Increment Contract Revenue Bonds, Series 2018, a copy of which is attached
hereto as Exhibit B.
Section 4. Authorization of Other Matters Relating Thereto. The Mayor, City Secretary
and other officers and agents of the City are hereby authorized and directed to do any and all
things necessary or desirable to carry out the provisions of this Resolution.
Section 5. Effective Date. This Resolution shall take effect immediately upon passage.
Section 6. Public Meeting. It is officially found, determined and declared that the
meeting at which this Resolution is adopted was open to the public and public notice of the
time, place and subject matter of the public business to be considered at such meeting,
including this Resolution, was given all as required by the Texas Government Code, Chapter
551, as amended.
4126-5852-3928.1
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PASSED AND APPROVED this ) 31 day of 0 e.A abed'-- , 2018.
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4126-5852-3928.1
CERTIFICATE FOR RESOLUTION
THE STATE OF TEXAS
COUNTIES OF BRAZORIA AND HARRIS
CITY OF PEARLAND
I, the undersigned officers of the City of Pearland, Texas (the "City"), hereby certify as
follows:
•
1. The City Council of the City convened in a regular meeting on October 22, 2018,
at the regular meeting place thereof,within the City,.and the roll was called of the duly constituted officers
and members of the City Council,to wit:
Tom Reid Mayor
Trent Perez Mayor Pro Tem and
Councilmember-Position 6
Tony Carbone Councilmember-Position.1
Derrick Reed Councilmember—Position 2
Gary Moore Councilmember-Position 3
Adrian Hernandez Councilmember-Position 4
J. David Little Councilmember-Position 5
Woody Owens Councilmember-Position 7
and all of such persons were present except Derrick Reed,thus constituting a quorum.
Whereupon, among other business,the following was transacted at said meeting: a written
RESOLUTION OF THE CITY OF PEARLAND, TEXAS APPROVING THE
'RESOLUTION AUTHORIZING THE ISSUANCE OF THE DEVELOPMENT
AUTHORITY OF PEARLAND TAX INCREMENT CONTRACT REVENUE BONDS
SERIES 2018; APPROVING A BOND RESOLUTION, PRIVATE PLACEMENT
LETTER, AND OTHER DOCUMENTS RELATING TO THE BONDS; MAKING
CERTAIN FINDINGS AND CONTAINING OTHER PROVISIONS RELATED
THERETO
(the "Resolution") was duly introduced for the consideration of the City Council and read in full. It was
then duly moved and seconded that the Resolution be adopted; and, after due discussion, such motion,
carrying with it the adoption of the Resolution,prevailed and carried by the following vote:
AYES: 6 NAYS: 0 ABSTENTIONS: 0
. 2. That a true,full and correct copy of the Resolution adopted at the meeting described in
the above and foregoing paragraph is attached to and follows this certificate; that the Resolution has been
duly recorded in the City Council's minutes of such meeting; that the above and foregoing paragraph is a
true, full and correct excerpt from the City Council's minutes of such meeting pertaining to the adoption
of the Reolution; that the persons named in the above and foregoing paragraph are the duly chosen,
qualified and acting officers and members of the City Council as indicated therein; that each of the
officers and members of the City Council was duly and sufficiently notified officially and personally, in
advance, of the date, hour; place and subject of the aforesaid meeting, and that the Resolution would be
introduced and considered for adoption at such meeting, and each of such officers and members
consented, in advance, to the holding of such meeting for such purpose; that such meeting was open to •
the public as required by law; and that public notice of the date, hour, place and subject of such meeting
was given as required by the Open Meetings Law, Chapter 551, Texas Government Code.
4126-5852-3928.1
SIGNED AND SEALED this Det12.D.3- „9,1„,
,2018.
JC,r1--1
Mayor
ft Seer
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•
4126-5852-3928.1
RESOLUTION NO. 2018-214
RESOLUTION OF THE CITY OF PEARLAND, TEXAS APPROVING THE RESOLUTION
AUTHORIZING THE ISSUANCE OF THE DEVELOPMENT AUTHORITY OF PEARLAND
TAX INCREMENT CONTRACT REVENUE BONDS SERIES 2018; APPROVING A BOND
RESOLUTION, PRIVATE PLACEMENT LETTER, AND OTHER DOCUMENTS RELATING
TO THE BONDS; MAKING CERTAIN FINDINGS AND CONTAINING OTHER
PROVISIONS RELATED THERETO
STATE OF TEXAS
COUNTIES OF BRAZORIA AND HARRIS
CITY OF PEARLAND
WHEREAS, by City Ordinance No. 891, the City of Pearland, Texas (the "City") created
Reinvestment Zone Number Two, City of Pearland, Texas (the "Zone") pursuant to Chapter 311,
Texas Tax Code (the "TIRZ Act"); and
WHEREAS, by Resolution No. 2004-107 adopted by the City Council of the City on June
28, 2004, the City authorized the creation of the Development Authority of Pearland (the
"Authority") as a local government corporation pursuant to Subchapter D of Chapter 431, Texas
Transportation Code (the "LGC Act"), to aid, assist and act on behalf of the City in the
performance of the City's governmental and proprietary functions with respect to the common
good and general welfare.of the Zone; and
WHEREAS, by City Ordinance No. R2004-170, the City authorized an agreement with
the Zone and the Authority (the "Tri-Party Agreement"), which sets forth, among other things, the
duties and responsibilities of the Authority, the City and the Zone as they relate to reimbursements
for Project Costs (as defined in the Indenture) in the Zone, and pursuant to which the City and the
Zone have agreed to pay the Authority on an annual basis certain of the Tax Increments (as
defined in the Indenture) then available in the Tax Increment Fund (as defined in the Indenture);
and .
WHEREAS, the Tri-Party Agreement authorizes the Authority to issue bonds secured by .
payments made to the Authority underthe Tri-Party Agreement and further authorizes the
Authority to issue such bonds for the purpose of making developer reimbursements for Project
Costs only with the approval of the City; and
WHEREAS, the Authority has currently outstanding its $9,150,000 Tax Increment Contract
Revenue Bonds, Series 2013; $8,060,000 Tax Increment Contract Revenue Bonds, Series 2014;
$66,030,000 Tax Increment Contract Revenue and Refunding Bonds, Series 2015; $12,230,000
Tax Increment Contract Revenue Bonds, Series 2016 and $8,555,000 Tax Increment Contract
Revenue Bonds, Series 2017;
WHEREAS, the Authority desires to issue its Tax Increment Contract Revenue Bonds,
Series 2018 in the aggregate principal amount of $5,835,000 (the "Bonds") pursuant to a
resolution authorizing the issuance of the Bonds (the "Bond Resolution") adopted by the
Authority on October 22, 2018, and the Authority desires to use the proceeds from the sale of
4126-5852-3928.1
such Bonds for the purposes of (1) paying Project Costs (which includes amounts owed to
developers under certain development agreements and the acquisition and the construction of
certain public works and public improvements within the Zone), and (2) paying costs of issuance
of the Bonds, all under and pursuant to the authority of the Act and all other applicable law; and
WHEREAS none of the proceeds of the Bonds shall be used for the purpose of paying or
otherwise providing for educational facilities, and .
WHEREAS the City Council desires to approve the issuance of the Authority's Tax
Increment Contract Revenue Bonds, Series 2018; Now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS
THAT:
Section 1..Preamble. The facts and recitations set out in the preamble of this Resolution
are found to be true and correct and are hereby adopted and made a part hereof for all purposes.
Section 2. Approval of Bonds; Authorization of Agreements; Approval of
Reimbursements. City Council hereby approves the issuance of the Bonds by the Authority and
all reasonable agreements necessary in connection with the issuance of the Bonds, including
without limitation the following: the Private Placement Letter with Regions Capital Advantage,
Inc. (attached hereto as Exhibit A), and any and all other documents and agreements reasonable
and necessary for the Authority to issue the Bonds (collectively, the "Agreements"). City Council
hereby reconfirms its prior approval of certain developer reimbursements and acknowledges that a
portion of the proceeds from the sale of the Bonds will be used to make such reimbursements.
Section 3. Approval of Bond Resolution. City Council hereby approves the Authority's
Bond Resolution authorizing the issuance of the Authority's $5,835,000 Development Authority
of Pearland Tax Increment Contract Revenue Bonds, Series 2018, a copy of which is attached
hereto as Exhibit B.
Section 4. Authorization of Other Matters Relating Thereto. The Mayor, City Secretary
and other officers and agents of the City are hereby authorized and directed to do any and all
things necessary or desirable to carry out the provisions of this Resolution.
Section 5. Effective Date. This Resolution shall take effect immediately upon passage.
Section 6. Public Meeting. It is officially found, determined and declared that the
meeting at which this Resolution is adopted was open to the public and public notice of the
time, place and subject matter of the public business to be considered at such meeting,
including this Resolution, was given all as required by the Texas Government Code, Chapter
551, as amended.
4126-5852-3928.1
SIGNED AND SEALED this b ei�Cgl2.Y ,2018.
1 .
c—J,Tek7 -----7• C:1---;)
Mayor
J .i✓ 7 �
p Seer-
(SEAL)`oiui►r,,,
4126-5852-3928.1
Exhibit A
Private Placement Letter
4126-5852-3928.1
Exhibit B
Bond Resolution
4126-5852-3928.1