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R2021-242 2021-10-25RESOLUTION NO. R2021-242 A Resolution of the City Council of the City of Pearland, Texas, declaring intention to reimburse project expenditures from proceeds of future tax- exempt obligations. WHEREAS, the City plans to make certain capital expenditures described on Exhibit A (herein, the "Project"), the maximum aggregate cost of which is expected to be approximately $139,200,000.00; WHEREAS, the City anticipates providing funds to permanently finance these capital costs of the Project by issuing after the date hereof certain certificates of obligation and tax-exempt bonds, expected to be issued by the City in fiscal year 2022 and currently expected to have a maximum aggregate principal amount of $139,200,000.00 (herein, the "Tax -Exempt Obligations"), the proceeds of which are expected to be used to pay costs of the Project and costs of issuance of the Tax -Exempt Obligations; WHEREAS, no funds of the City are, or are reasonably expected to be, allocated, reserved, or otherwise set aside in the City's budget on a long-term basis to pay the costs of the Project; WHEREAS, the Tax -Exempt Obligations will be payable from certain revenues and ad valorem taxes levied, assessed and collected by the City to pay debt service on the Tax -Exempt Obligations; WHEREAS, the City anticipates that no more than 60 days prior to the date hereof and prior to the issuance of the Tax -Exempt Obligations will it be obligated to pay certain costs constituting expenditures properly chargeable to a capital account (under general federal income tax principles) in connection with the Project (the "Expenditures"); WHEREAS, the money to be used to pay the Expenditures described in Exhibit A of this Resolution for the Project is in the City's General Fund, the general purpose and function of which is to pay general operating and maintenance expenditures of the City and such money is not appropriated for any other purpose; and in the City's Capital Project Funds; 4132-7518-6993.1 RESOLUTION NO. R2021-242 WHEREAS, the City reasonably expects that the City will reimburse the General Fund and the City's Capital Project Funds, respectively, for the Expenditures with proceeds of the Tax - Exempt Obligations; and WHEREAS, after the issuance of the Tax -Exempt Obligations the City will: (1) evidence each allocation of proceeds of the Tax -Exempt Obligations to the reimbursement of the respective Expenditures with separate entries in its books and records maintained with respect to the Tax - Exempt Obligations and (2) identify in each such entry the actual prior Expenditures being reimbursed or the fund from which the Expenditures were made; now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. The City Council hereby adopts the findings set out in the preamble hereof and declares its intent within the meaning of Treasury Regulation § 1.150-2, as promulgated under the Internal Revenue Code of 1986, as amended (the "Code"), to issue approximately $139,200,000.00 aggregate principal amount of Tax -Exempt Obligations, all of which will be used to pay the costs of the Project or to reimburse the City for the Expenditures paid in connection with the Project prior to the issuance of the Tax -Exempt Obligations and to pay costs of issuance of the Tax -Exempt Obligations. Section 2. The City will maintain this Resolution at the office of the City at 3519 Liberty Drive, Pearland, Texas 77581 and make it continuously available for inspection by the general public during normal business hours on business days beginning within 30 days after the date of this Resolution. 4132-7518-6993.1 RESOLUTION NO. R2021-242 PASSED, APPROVED and ADOPTED this the 25th day of October, A.D., 2021. T: CITY T�OAN SECRETARY D AS TO FORM: DARRIN M. COKER CITY ATTORNEY �VIN COL YOR .,ik% QEFRL-4/V/-, to At AD 4132-7518-6993.1 RESOLUTION NO. R2021-242 EXHIBIT A Description of Expenditures to be Reimbursed PROJECT Hickory Slough Regional Detention Pond Cowarts Creek Detention Pump Station Generator Orange Street Service Center Phase II Police Training Center PublieSafety Building Renovations Hillhouse Road Annex Phase II Natatorium Air Handling Replacement McHard Road Extension (Mykawa Road to Cullen Parkway) Smith Ranch Road Extension (CR 94) — Hughes Ranch Road to Broadway Certificates of Obligations Total Mykawa Road Widening - BW8 to FM 518 Smith Ranch Road Extension (CR 94) — Hughes Ranch Road to Broadway West Lea Subdivision Drainage Improvements Hickory Slough Regional Detention Pond 2007 General Obligation Total Shadow Creek Trail Phase II Shadow Creek Parkway Landscaping, Street Lighting & Sidewalks Intersection Improvements in Shadow Creek Ranch TIRZ Reimbursable Certificates of Obligation Total Willowcrest Subdivision Drainage Improvements West Lea Subdivision Drainage Improvements Park Equipment Revitalization Program Animal Services Shelter Pearland Parkway Traffic Circle Modifications Bailey Road Expansion —Veterans Dr to Main 2019 General Obligation Total Enterprise Turd Orange Street Service Center Phase II Hillhouse Road Annex Phase II Water Operations Building Surface Water Plant Phase I (10 MGD) Bailey Water Plant Improvements FM 518 Utility Relocations — SH288 to Cullen Parkway Westwood Village Water Quality Program Westminister Subdivision Water Line Replacement Green Tee Transite Pipe Water Line Replacement Sonrersetshire Estates Subdivision Small Diameter Water Line Replacement Barry Rose WRF Expansion Longwood Water Reclamation Facility Decommissioning Sanitary Sewer Rehabilitation —Old Town District &Barry Rose East &West Barnett Lift Stations Rehabilitation Bella Vita Regional Left Station Rehabilitation Sanitary Sewer Rehabilitation— Barry Rose Service Area Autumn Rose Lift Station Rehabilitation Sunrise Lakes Lift Station Rehabilitation JHEC WRF Expansion Revenue Bonds Total EXPECT TO REIMBURSE 697,438 700,000 1,470,000 3,400,000 582,000 2,475,000 3,206,000 5,028,428 2,028,785 $ 19,587,651 2,881,600 2,340,000 950,000 1,3525562 $ 7,524,162 1,325,000 6,225,000 9,470,000 $ 17,0205000 12,340,000 3,992,000 500,000 600,000 1,0005000 7,0001000 $ 25,4329000 2,730,000 825,000 1,615,000 26,225,000 7,980,000 1,590,000 660,000 945,000 450,000 704,000 7,0005000 6,062,000 3,750,000 1,3605000 1,126,000 4,000,000 716,000 738,000 1,100,000 $ 69,5761000 4132-7518-6993.1 RESOLUTION NO. R2021-242 TOTAL 139,1395 4132-7518-6993.1 t �I N O O O (z O O O co mc O O O a N O O cY) s. O (Y) O O .� O N 60 60 69 Cl) a m O O O U (1) a. -a -a O : U U U .� .V _ Z3 c o .Q LM a U a) O Q p U) 0 'O O J O O LO O p O O O • CD � O L 00 N i 0 O N i!) 0) V O O bg 0 69 0 69 m be) ma E O I= 1 I Q I