R2019-154 2019-06-24 RESOLUTION NO. 2019-154
A Resolution of the City Council of the City of Pearland, Texas authorizing
publication of notice of intention to issue Certificates of Obligation for the
design, acquisition, construction and improvement of certain public works,
authorizing distribution of a preliminary official statement relating to such
series of Certificates and authorizing certain other matters relating thereto.
WHEREAS, the City Council (the "City Council") of the City of Pearland, Texas (the
"City"), is authorized to issue certificates of obligation to pay contractual obligations to be
incurred for the construction of public works, for the purchase of materials, supplies, equipment,
machinery, buildings, land and rights-of-way for authorized needs and purposes, and for the
payment of contractual obligations for professional services pursuant to Subchapter C of
Chapter 271, Texas Local Government Code, as amended;
WHEREAS, the City Council has determined that it is in the best interests of the City and
otherwise desirable to issue the City of Pearland, Texas Certificates of Obligation, Series
2019B, in one or more series, in an aggregate principal amount not to exceed $14,500,000 (the
"Certificates") for the design, engineering, acquisition and construction of certain public works
and the purchase of certain equipment for authorized needs and purposes;
WHEREAS, in connection with the Certificates, the City Council intends to publish notice
of intent to issue the Certificates (the "Notice") in a newspaper of general circulation in the City;
and
WHEREAS, the City Council has been presented with and has examined the proposed
form of Notice and finds that the form and substance thereof is satisfactory, and that the recitals
and findings contained therein are true, correct and complete.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. Preamble. The facts and recitations contained in the preamble of this
Resolution are hereby found and declared to be true and correct.
Section 2. Authorization of Notice. The City Secretary is hereby authorized and
directed to execute and deliver the Notice set forth in Exhibit A hereto and to publish such
Notice on behalf of the City once a week for two (2) consecutive weeks in a newspaper which is
of general circulation in the City, the date of the first publication of the Notice to be at least thirty-
one (31) days before the date tentatively set in the Notice for the passage of the ordinance
authorizing the issuance of the Certificates.
Section 3. Engagement of Professionals. The City Council hereby approves the
engagement of Orrick, Herrington & Sutcliffe LLP, as bond counsel ("Bond Counsel") in
connection with the issuance of the Certificates.
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.
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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.
[signature page follows]
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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 Meeti s Law, Chapter 551, Texas Government Code.
SIGNED AND SEALED this , 2019.
CAkil 5-4 ,
m « �a
City Secretary Mayor
CITY OF PEARLAND, TEXAS 11 CITY OF PEARLAND, TEXAS
(SEAL)
001111/1,,
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PASSED, APPROVED and ADOPTED this the 24th day of June, A.D., 2019.
ti a-4
TOM REID
MAYOR
ATTEST:
a
• . _
MARIA RODRIGUEZ • ;
INTERIM CITY SECRETARY
APPROVED AS TO FORM:
CLe"."--..' 11 04-----
DARRIN M. COKER
CITY ATTORNEY
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EXHIBIT A
NOTICE OF INTENTION TO ISSUE CERTIFICATES
NOTICE IS HEREBY GIVEN that the City Council of the City of Pearland, Texas (the
"City") will meet at its regular meeting place at City Hall, Pearland, Texas at 6:30 p.m. on the
26th day of August, 2019, which is the time and place tentatively set for the passage of an
ordinance and such other action as may be deemed necessary to authorize the issuance of the
City's certificates of obligation, payable from ad valorem taxation and a limited (in an amount not
to exceed $10,000) subordinate pledge of certain revenues of the water and sewer system of
the City, in the maximum aggregate principal amount of $14,500,000 bearing interest at any rate
or rates, not to exceed the maximum interest rate now or hereafter authorized by law, as shall
be determined within the discretion of the City Council at the time of issuance and maturing over
a period of years not to exceed forty (40) years from the date thereof, for the purpose of'
evidencing the indebtedness of the City to pay all or any part of the contractual obligations to be
incurred for the construction of public works and the purchase of materials, supplies, equipment,
machinery, buildings, land and rights-of-way for authorized needs and purposes and for the
payment of contractual obligations for professional services, to wit: (i) certain improvements to
parks within the City including improvements to Shadow Creek Ranch Park; (iii) improvements
to Fire Station #8 on Shadow Creek Parkway near Reflection Bay (iv) improvements to the
Shadow Creek Library and (v) professional services rendered in connection with the above
listed projects.
WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY, this -' day of
, 2019.
j11-47X1/4_... "CC 40 .
Jr- r11,A City Secretary 1)-71)-6
City of Pearland, Texas
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CERTIFICATE FOR RESOLUTION
STATE OF TEXAS §
COUNTY OF BRAZORIA, FORT BEND AND HARRIS §
CITY OF PEARLAND §
We, the undersigned officers of the City of Pearland, Texas (the "City"), hereby certify as
follows:
The City Council of the City convened in a regular meeting on June 24, 2019 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:
Torn Reid Mayor
Trent Perez Mayor Pro Tern
Luke Orlando Councilmember
Derrick Reed Councilmember
Gary Moore Councilmember
Adrian Hernandez Councilmember
J. David Little Councilmember
Woody Owens Councilmember
and all of such persons were present except , thus constituting a quorum. Whereupon,
among other business, the following was transacted at said meeting: a written
A Resolution of the City Council of the City of Pearland, Texas authorizing
publication of notice of intention to issue Certificates of Obligation for the
design, acquisition, construction and improvement of certain public works,
authorizing distribution of a preliminary official statement relating to such
series of Certificates and authorizing certain other matters relating 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: NAYS: ABSTENTIONS:
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 Resolution; 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
4147-9561-4235.1
44198-8
ti
RESOLUTION NO. 2019- 0 5
•
RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION
TO ISSUE CERTIFICATES OF OBLIGATION FOR THE DESIGN,
ACQUISITION, CONSTRUCTION AND IMPROVEMENT OF CERTAIN
PUBLIC WORKS, AUTHORIZING DISTRIBUTION OF A PRELIMINARY
OFFICIAL STATEMENT RELATING TO SUCH SERIES OF CERTIFICATES
AND AUTHORIZING CERTAIN OTHER MATTERS RELATING THERETO
STATE OF TEXAS §
COUNTIES OF BRAZORIA, FORT BEND AND HARRIS §
CITY OF PEARLAND §
WHEREAS, the City Council (the "City Council") of the City of Pearland, Texas (the
"City"),is authorized to issue certificates of obligation to pay contractual obligations to be incurred
for the construction of public works,for the purchase of materials,supplies,equipment,machinery,
buildings, land and rights-of-way for authorized needs and purposes, and for the payment of
contractual obligations for professional services pursuant to Subchapter C of Chapter 271, Texas
Local Government Code, as amended;
WHEREAS,the City Council has determined that it is in the best interests of the City and
otherwise desirable to issue the City of Pearland, Texas Certificates of Obligation,.Series 2019B,
in one or more series, in an aggregate principal amount not to exceed $14,500,000 (the
"Certificates") for the design, engineering, acquisition and construction of certain public works
and the purchase of certain equipment for authorized needs and purposes;
WHEREAS, in connection with the Certificates,the City Council intends to publish notice
of intent to issue the Certificates (the "Notice") in a newspaper of general circulation in the City;
and
WHEREAS,the City Council has been presented with and has examined the proposed form .
of Notice and finds that the form and substance thereof is satisfactory, and that the recitals and
findings contained therein are true, correct and complete.
•
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,TEXAS:
Section 1. Preamble. The facts and recitations contained in the preamble of this.
Resolution are hereby found and declared to be true and correct.
Section 2. Authorization of Notice. The City Secretary is hereby authorized and
directed to execute and deliver the Notice set forth in Exhibit A hereto and to publish such Notice 5
on behalf of the City once a week for two (2)consecutive weeks in a newspaper which is of general . .
circulation in the City, the date of the first publication of the Notice to be at least thirty-one (31)
days before the date tentatively set in the Notice for the passage of the ordinance authorizing the
issuance of the Certificates.
Section 3. Engagement of Professionals. The City Council hereby approves the
engagement of Orrick, Herrington & Sutcliffe LLP, as bond counsel ("Bond Counsel") in
connection with the issuance of the Certificates.
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.
[signature page follows]
PASSED AND APPROVED this day of Ko3.35a- , 2019.
Mayo ro Tem
City of Pearland, Texas
ATTEST:
City Secretary
City of Pearland, Texas
(SEAL)
\
S-1
EXHIBIT A
NOTICE OF INTENTION TO ISSUE CERTIFICATES
NOTICE IS HEREBY GIVEN that the City Council of the City of Pearland, Texas (the
"City")will meet at its regular meeting place at City Hall, Pearland, Texas at 6:30 p.m. on the 26th
day of August, 2019, which is the time and place tentatively set for the passage of an ordinance
and such other action as may be deemed necessary to authorize the issuance of the City's
certificates of obligation, payable from ad valorem taxation and a limited (in an amount not to
exceed$10,000) subordinate pledge of certain revenues of the water and sewer system of the City,
in the maximum aggregate principal amount of$14,500,000 bearing interest at any rate or rates,
not to exceed the maximum interest rate now or hereafter authorized by law, as shall be determined
within the discretion of the City Council at the time of issuance and maturing over a period of
years not to exceed forty (40) years from the date thereof, for the purpose of evidencing the
indebtedness of the City to pay all or any part of the contractual obligations to be incurred for the
construction of public works and the purchase of materials, supplies, equipment, machinery,
buildings, land and rights-of-way for authorized needs and purposes and for the payment of
contractual obligations for professional services, to wit: (i) certain improvements to parks within
the City including improvements to Shadow Creek Ranch Park; (ii) improvements to Fire Station
#8 on Shadow Creek Parkway near Reflection Bay (iii) improvements to the Shadow Creek
• Library and (iv)professional services rendered in connection with the above listed projects.
WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY, this day of
, 2019.
/s/
City Secretary
City of Pearland, Texas
CERTIFICATE FOR RESOLUTION
STATE OF TEXAS §
COUNTY OF BRAZORIA, FORT BEND AND HARRIS §
CITY OF PEARLAND §
•
We, the undersigned officers of the City of Pearland, Texas (the "City"),hereby certify as
follows:
The City Council of the City convened in a regular meeting on June 24,2019 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
Luke Orlando Councilmember
Derrick Reed Councilmember
Gary Moore Councilmember
Adrian Hernandez Councilmember
J. David Little Councilmember
Woody Owens Councilmember
and all of such persons were present except —Or , thus constituting a quorum. Whereupon,
among other business,the following was transacted at said meeting: a written
RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION
TO ISSUE CERTIFICATES OF OBLIGATION FOR THE DESIGN,
ACQUISITION, CONSTRUCTION AND IMPROVEMENT OF CERTAIN
PUBLIC WORKS, AUTHORIZING DISTRIBUTION OF A PRELIMINARY
OFFICIAL STATEMENT RELATING TO SUCH SERIES OF CERTIFICATES
AND AUTHORIZING CERTAIN OTHER MATTERS RELATING 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: L NAYS: 0 ABSTENTIONS: b
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 Resolution; 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.
SIGNED AND SEALED this &55Q,s-\ , 2019.
Umituza:c • ,
City Secretary Mayo ro Tern
CITY OF PEARLAND, TEXAS CITY OF PEARLAND, TEXAS
'`‘R111:111'1',
(SEAL) -o: ' '
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