R2004-108 06-28-04 RESOLUTION NO. 2004-108
RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION
TO ISSUE CERTIFICATES OF OBLIGATION IN A PRINCIPAL AMOUNT
NOT TO EXCEED $21,000,000 FOR THE ACQUISITION, CONSTRUCTION
AND IMPROVEMENT OF CERTAIN PUBLIC WORKS, AUTHORIZING
DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT RELATING
TO SUCH CERTIFICATES AND AUTHORIZING CERTAIN OTHER
MATTERS RELATING THERETO
STATE OF TEXAS §
COUNTIES OF BRAZORIA 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 certificates of obligation in a principal amount not to exceed
$21,000,000 styled "City of Pearland, Texas Certificates of Obligation, Series 2004" (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;
WHEREAS, for purposes of providing for the sale of the Certificates, the City Council
intends to authorize the preparation of a Preliminary Official Statement (the "Preliminary
Official Statement") to be used in the public offering of the Certificates; 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 are satisfactory, and that the recitals
and findings contained therein are true, correct arid 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.
HOU:2312288.4
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 to be at least fifteen (15) 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. This City Council hereby approves the
engagement of Andrews Kurth LLP, as bond counsel ("Bond Counsel") in connection with the
issuance of the Certificates.
Section 4. Authorization of a Preliminary Official Statement. This City Council
hereby approves the preparation and distribution by the City's financial advisor to prospective
purchasers of the Certificates of the Preliminary Official Statement, as the same may be
completed, modified, or supplemented with the approval of the Mayor or other authorized
officers and agents of the City.
Section 5. 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 6. Effective Date. This Resolution shall take effect immediately upon
passage.
Section 7. 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.
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HOU:2312288.4
PASSED AND APPROVED this 28th day of June , 2004.
Mayor
City of Pearland, Texas
ATTEST:
Secre
i of P land, Texas
(SEAL)
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HOU:2312288.4
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 7:30 p.m. on the 9th
day of August, 2004, 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$21,000,000, 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) the following street, right-of-way and
street related projects located in the City: construction and improvements to the Magnolia Road
Overpass (from State Highway 35 to Veterans Drive); construction and improvements to Dixie
Farm Road (from Beamer Road to State Highway 35); construction and improvements to
Pearland Parkway (from FM 518 to Beltway 8); construction and improvements to McHard
Road (from State Highway 35 to Pearland Parkway); construction and improvements to Mykawa
Road(from Beltway 8 to the McHard Road Overpass); acquisition of right-of-way along FM 518
(west of State Highway 288); construction of a secondary collector connection (between
proposed McHard Road and Alice Street); construction and improvements to Kirby Drive (from
Beltway 8 to Shadow Creek Parkway); and miscellaneous alignment and feasibility studies for
future roadways in the City, (ii) City-wide water meter replacement, (iii) the following drainage
and drainage related projects: construction and improvements to Town Ditch (between State
Highway 35 and Old Alvin Road); studies and site work for a regional storm detention facility
(to be located on Beltway 8 at Mykawa); studies and site work for a regional stormwater
detention facility (to be located near Beltway 8 and State Highway 288); and certain detention
pond improvements at the City's Southwest Environmental Center (located on Harkey Road)
and DLS (located on Pearland Parkway), (iv) construction of a recycling center at the City's
Southwest Environmental Center (located on Harkey Road), (v) various improvements to the
City's Fire Department training facility (located at the City's Police Station site), (vi) acquisition
and refurbishment of a property (located adjacent to the Orange Street Service Center) to be used
for parks maintenance and storage purposes, and (vii) professional services rendered in
connection with the above listed projects.
WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY, this 28th day of
June , 2004.
• Secr
of P rland, Texas
HOU:2312258.3
CERTIFICATE FOR RESOLUTION
STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
We, 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 the 28th day of
June, 2004, 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 and the City Secretary, to wit:
Tom Reid Mayor
Charles Viktorin Council Member and Mayor Pro Tem
Richard F. Tetens Council Member
Kevin Cole Council Member
Larry R. Marcott Council Member
Woodrow"Woody" Owens Council Member
Young Lorfing City Secretary
and all of such persons were present except Tom Reid and Richard Tetens, thus constituting a
quorum. Whereupon, among other business, the following was transacted at such meeting: a
written
RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION
TO ISSUE CERTIFICATES OF OBLIGATION IN A PRINCIPAL AMOUNT
NOT TO EXCEED $21,000,000 FOR THE ACQUISITION, CONSTRUCTION
AND IMPROVEMENT OF CERTAIN PUBLIC WORKS, AUTHORIZING
DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT RELATING
TO SUCH 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 such Resolution be adopted; and, after due discussion,
the motion, carrying with it the adoption of the Resolution, prevailed and carried by the
following vote:
AYES 4 NOES 4 ABSTENTIONS 0
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2. That a true, full and correct copy of the Ordinance adopted at the meeting
described in the above and foregoing paragraph is attached to and follows this certificate; that the
Ordinance 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 Ordinance; 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 Ordinance 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, Chapter551, Texas Government Code.
SIGNED AND SEALED this 28th day of June , 2004.
i Sec Mayor
ty of earland, T as City of Pearland, Texas
(SEAL)
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