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2012-04-30 CITY COUNCIL SPECIAL MEETING MINUTESMINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON MONDAY, APRIL 30, 2012, AT 6:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS. Mayor Reid called the meeting to order at 6:30 p.m. with the following present: Mayor Mayor Pro -Tem Councilmember Councilmember Councilmember Councilmember City Manager City Attorney City Secretary Scott Sherman Woody Owens Susan Sherrouse Felicia Harris Greg Hill Bill Eisen Darrin Coker Young Lorfing Others in attendance: Claire Bogard Director of Finance. 1'FATITAi1&*11Z,I�`�•� COUNCIL ACTION — REGARDING RESOLUTION NO. R2012-55 — RESOLUTION OF THE CITY OF PEARLAND, TEXAS, APPROVING THE ISSUANCE OF DEVELOPMENT AUTHORITY OF PEARLAND TAX INCREMENT CONTRACT REVENUE AND REFUNDING BONDS, SERIES 2012; APPROVING A BOND RESOLUTION, INDENTURE OF TRUST, A PRIVATE PLACEMENT LETTER, ESCROW AGREEMENT AND OTHER DOCUMENTS RELATING TO THE BONDS; MAKING CERTAIN FINDINGS AND CONTAINING OTHER PROVISIONS RELATED THERETO. Mr. Bill Eisen, City Manager. Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Owens, to approve Resolution No. R2012-55. City Manager Bill Eisen reported this is an opportunity of the Development Authority of Pearland to refund some existing bonds which has some financial opportunities for the City and also release some funds that are being held under requirements of some prior issues as reserves. He further commented DAP met earlier today and did vote unanimously to approve the sell of these bonds. Frank Ildebrando, BOSC, Inc., gave a detailed overview of the Development Authority of Pearland's $56,915,000 Tax Increment Contract Revenue and Refunding Bonds, Series 2012. Capital One made an offer of 3.07% for 10 -years until May 21, 2022 then 65% for 6 -month LIBOR+2,00% maximum rate of 6%. Rate today is below 2.50%. The Bonds are callable anytime at par. The proposed private placement refunding of all the Development Authority of Pearland's existing bond issues allow the DAP to amend the Bond Indenture. Page 1 of 3 — 4/30/2012 The Indenture can be modified to free up some of the approximately $2.83 million of Operating Funds. Capital One has waived the Reserve Fund Requirements on the proposed Bonds. The proposed will lower the debt service requirements of the DAP and create capacity to issue $3,250,000 in new money bonds. Mr. Ildebrando further report the developer will be able to be reimbursed $3,100,000. Brief discussion ensued between Council and Mr. Ildebrando. Voting "Aye" Owens, Sherrouse, Sherman, and Hill. Voting "No" None. Motion Passed 4 to 0, with Councilmember Harris absent from the Chambers. OTHER BUSINESS: Council adjourned into Executive Session under Texas Government Code at 6:59 p.m. to discuss the following: Councilmember Harris arrived and joined the Executive Session at 7:00 p.m. EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE 1. SECTION 551.074 — PERSONNEL MATTERS — DISCUSSION REGARDING CITY MANAGER'S EVALUATION AND PERFORMANCE GOALS FOR 2011 - 2012. City Council. NEW BUSINESS (CONTINUED): Council returned from Executive Session at 8:37 p.m. :LV/AJR1y1'JJL Ilk Al J'k Al Mayor Pro -Tem Sherman made the motion, seconded by Councilmember Sherrouse to comply with what was discussed in Executive Session. Councilmember Harris stated she is not going to vote in favor of this motion for all the reasons stated in Executive Session including the fact that the bonus that is going to be paid to the City Manager is going to come out of reserves. Voting "Aye" Councilmembers Owens, Sherrouse, Sherman, and Hill. Voting "No" Councilmember Harris. Page 2 of 3 — 4/30/2012 F-11 oil lei I] Zl'kl I J, I 4'klb I 185 M M Zol =# M Ms F -I N F-'WJ 2 iTA Minutes approved as submitted and/or corrected this the 14th day of May, A.D., 2012. C=�O'-4-v Tom Reid Mayor ATTEST: or �(j Lo rfiv M Secre Page 3 of 3 — 4/30/2012