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R2002-0139 09-09-02 RESOLUTION NO. R2002-139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A BOND ORDER OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 3 AUTHORIZING THE ISSUANCE OF $2,920,000 UNLIMITED TAX AND REVENUE BONDS, SERIES 2002. WHEREAS, Brazoria County Municipal Utility District No. 3 (the "District")is located within the extraterritorial jurisdiction of the City of Pearland, Texas (the "City"); and WHEREAS, by Resolution No. R 80-5, dated January 28, 1980, the City consented to the creation of the District, and placed certain conditions on the issuance of bonds by the District, including the approval by the City Council of the District's resolution authorizing the issuance of such bonds; and WHEREAS, the City Council has considered such a bond resolution in connection with the issuance of the District's proposed $2,920,000 Unlimited Tax and Revenue Bonds, Series 2002, and has found it to be acceptable; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: All of the matters and facts set forth in the preamble hereof are true Section 1. and correct. Section 2. The bond order of the board of directors of Brazoria County Municipal Utility District No. 3, authorizing the issuance of its $2,920,000 Unlimited Tax and Revenue Bonds, Series 2002, is hereby approved. Section 3. The Mayor of the City of Peariand is hereby authorized to execute such letters or other documents required to be provided to the Attorney General of Texas in connection with the issuance of such bonds by the District. Section 4. This Resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Pearland and it is accordingly ~o resolved. RESOLUTION NO. R2002-139 PASSED, APPROVED and ADOPTED this the 9 day of September A. D., 2002. TOM REID MAYOR ATTEST: c~yrY S~ETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY 2 This Official Notice of Sale does not alone constitute an offer to sell, but is merely notice of sale of the bonds described herein. The offer to sell such bonds is being made by means of this Official Notice of Sale, the Official Bid Form and the Official Statement. OFFICIAL NOTICE OF SALE $2,920,000 BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 3 (A political subdivision of the State of Texas located within Brazoria County, Texas) WATERWORKS AND SEWER SYSTEM COMBINATION UNLIMITED TAX AND REVENUE BONDS SERIES 2002 BONDS OFFERED FOR SALE AT COMPETITIVE BID: The Board of Directors (the "Board') of Brazoria County Municipal Utility District No. 3 (the "District'), is offering for sale at competitive bid $2,920,000 Waterworks and Sewer System Combination Unlimited Tax and Revenue Bonds, Series 2002 (the ' Bonds"). PLACE AND TIME OF SALE: The Board will open and publicly read sealed bids for the purchase of the Bonds at the offices of Paul A. Philbin & Assoc., P.C., 6363 Woodway, Suite 725, Houston, Texas 77057 at 12:00 Noon, Houston Time, Wednesday, September 18, 2002. Sealed bids which must be submitted in duplicate on the Official Bid Form and plainly marked "Bid for Bonds,' are to be addressed to ' President and Board of Directors, Brazoria County Municipal Utility District No. 3." All bids must be delivered to the above address prior to the above scheduled time for bid opening. Any bid received after such scheduled time for bid opening will not be accepted and will be returned unopened. AWARD AND SALE OF THE BONDS: The District will take action to adopt an order (the 'Bond Order") authorizing the issuance and awarding sale of the Bonds or will reject all bids promptly after the opening of bids. The Board reserves the right to reject any or all bids and to waive any irregularities, except time of filing. THE BONDS DESCRIPTION OF CERTAIN TERMS OF THE BONDS: The Bonds will be dated October 1, 2002, with interest payable on September 1, 2003 (eleven -month interest payment), and on each March 1 and September 1 thereafter until the earlier of maturity or prior redemption. The Bonds will be issued only in fully registered form Principal will be payable to the registered owner(s) of the Bonds (the "Bondholder(s)") upon presentation and surrender at the principal payment office of the paying agent/registrar, initially, JPMorgan Chase Bank, in Dallas Texas, or any successor paying agent/registrar (hereinafter sometimes called the "Paying Agent" or the ' Registrar") Unless otherwise agreed between the Paying Agent and the Bondholder, interest on the Bonds will be payable by check or draft of the Paying Agent, dated as of the interest payment date, and mailed by the Paying Agent to the Bondholders, as shown on the records of the Registrar at the close of business on the 15th day of the calendar month next preceding each interest payment date (the "Record Date"). The Bonds will mature serially on September 1 in each of the following years in the following amounts: * Year 2003* 2004* 2005* 2006* 2007* 2008* 2009* 2010* 2011* Amount $ 55,000 100,000 105,000 115,000 120,000 130,000 135,000 145,000 155,000 Year 2012* 2013* 2014* 2015* 2016* 2017* 2018* 2019* 2020* Amount $160,000 170,000 180,000 195,000 205,000 215,000 230,000 245,000 260,000 At the option of the Underwriter (hereinafter defined) as specified in the Official Bid Form, any or all of the foregoing maturities of the Bonds may be designated as term bonds subject to mandatory sinking fund redemption provided that the mandatory sinking fund amount in each year shall equal the amounts shown above as maturing in such year.