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1984-11-13 CITY COUNCIL REGULAR MEETING MINUTES254 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, HELD ON NOVEMBER 13, 1984, AT 7:30 P. M. IN THE CITY HALL, 2335 N. TEXAS AVENUE, PEARLAND, TEXAS. The meeting was called to order with the following present: Mayor Councilman/Mayor Pro Tem Councilman Councilman Councilman Councilman City Manager City Attorney City Secretary INVOCATION AND PLEDGE OF ALLEGIANCE: Tom Reid Dennis Frauenberger Terry Gray Al Lentz Charles R. Mack James E. Bost Ronald J. Wicker Bobby Williams Dorothy L. Cook The invocation was given by Councilman Bost. The Pledge of Allegiance was led by City Manager Wicker. CHANGE IN ORDER OF BUSINESS SEALED BIDS FOR THE PURCHASE OF $5,000,000 CITY OF PEARLAND PUBLIC IMPROVEMENT BONDS SERIES 1984: Bids opened and tabulated as follows: UNDERWRITERS NAME TOTAL INTEREST COST AVERAGE INTEREST RATE Continental Illinois National Bank & Trust Company of Chicago $5,690,791.20 10.0322% (Bid Surety -$100-.000) Underwood urety$100;000) Underwood Neuhaus & Company $5,662,200.00 9.9818% Rauscher Pierce Refsnes, Inc. $5,595,614.37 9.8644% Cowen & Company $5,652,000.00 9.9638% Dean Witter Reynolds & Company $5,713,706.25 10.07260 It was moved by Councilman Gray, seconded by Councilman Bost that the bids received be referred to Frank Ildebrando, Fiscal Agent, for tabulation and recommendation later in the meeting. Motion passed 5 to 0. APPROVAL OF MINUTES: It was moved by Councilman Lentz, seconded by Councilman Frauenberger that the minutes of a Special Meeting held on October 15, 1984, be approved as submitted. Motion passed 5 to 0. It was moved by Councilman Bost, seconded by Councilman Gray that the minutes of a Regular Meeting held on October 22, 1984, and a Special Meeting of October 10, 1984, be approved as submitted. Motion passed 5 to 0. MAYOR'S ACTIVITY REPORT: Mayor Reid announced that we have received an "A" rating from Moodys on our bonds. Mayor Reid also recognized the students from the government class of San Jacinto College. 255 COUNCIL ACTIVITY REPORTS: Councilman Bost reported that he attended the H -GAC meeting last Thursday night for Home Rule Cities under 25,000 and Mayor Reid was elected to serve another year as a member of the Board of Directors. Councilman Lentz reported that a meeting of the Steering Committee for the creation of the Water Authority was held on November 7, 1984, and he was represented by the alternate, Bill Thomasset. DEPARTMENTAL REPORTS: None CITIZENS: D. A. Miller, 1223 Dixie Farm Road, Pearland, Texas - Mr. Miller, President of the Pear - land Area Action Association, spoke before the Council with a request that the City oppose the Hill Sand Company's application for a Type IV Landfill Permit. Jerry W. Worley, Route 2, Box 2796, Pearland, Texas - Mr. Worley spoke to the Council on behalf of Pearland Area Action Association with a request that the City Council oppose the Hill Sand Company's application for a Type IV Landfill Permit. CHANGE IN ORDER OF BUSINESS NEW BUSINESS: FISCAL AGENT'S RECOMMENDATION ON AWARD OF BID FOR SALE OF $5,000,000 PUBLIC IMPROVE - MENT BONDS, SERIES 1984: Mr. Frank Ildebrando of Underwood, Neuhaus & Company Inc. recommended that the City award the bid for the sale of $5,000,000 in Public Improvement Bonds to Rauscher Pierce Refsnes, Inc., with interest rates to be 11% on bonds 1987 through 1994; 10.35% on bonds 1995; 9.40% on bonds 1996; 9.60% on bonds 1997; 9.70% on bonds 1998; 9.80% on bonds 1999; 9.90% on bonds 2000; and 9% on bonds 2001. It was moved by Councilman Lentz, seconded by Councilman Bost that the City award the bid to Rauscher Pierce Refsnes,Inc. on the $5,000,000 Public. Improvement Bonds, Series 1984, as recommended by the City's Fiscal Agent. Motion passed 5 to 0. ORDINANCE NO. 482, AN ORDINANCE AUTHORIZING THE ISSUANCE OF $5,000,000 PUBLIC IMPROVE- MENT BONDS, SERIES 1984 AND DECLARING AN EMERGENCY: Ordinance No. 482 read in caption by Councilman Gray. (First and Only Reading) It was moved by Councilman Gray, seconded by Councilman Lentz that Ordinance No. 482 be passed and approved on first and only reading. Voting "Aye": Councilman Gray, Councilman Bost, Councilman Frauenberger, Councilman Mack and Councilman Lentz. Voting "No": None Motion passed 5 to 0. Certificate and Ordinance No. 482, as adopted, reads as follows: M CERTIFICATE FOR ORDINANCE THE STATE OF TEXAS X COUNTIES OF BRAZORIA AND HARRIS X CITY OF PEARLAND X 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 regular meeting on the 13th day of November, 1984, 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 Dennis M. Frauenberger Charles R. Mack Alfred E. Lentz James E. Bost Terry Gray Dorothy L. Cook Mayor Councilman Councilman Councilman Councilman Councilman City Secretary and all of said persons were present, except the following absentees: None, thus con- stituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written ORDINANCE AUTHORIZING THE ISSUANCE OF $5,000,000 CITY OF PEARLAND, TEXAS, PUBLIC IMPROVEMENT BONDS, SERIES 1984; AND DECLARING THAT A SPECIFIC AND IMMEDIATE PUBLIC EMERGENCY EXISTS IN THAT PROCEEDS OF SALE OF SUCH BONDS ARE REQUIRED AS SOON AS POSSIBLE TO ACCOMPLISH THE BOND PURPOSES FOR PROTECTION OF LIFE, HEALTH, PROPERTY AND THE PUBLIC PEACE WITHIN THE CITY (the "Ordinance") was duly introduced for the consideration of the City Council and read in full. It was then duly moved and seconded that the Ordinance be adopted; and, after due discussion, said motion, carrying with it the adoption of the Ordinance, prevailed and carried by the following vote: AYES: All members of the City Council shown present above voted "Aye". NAYS: None. 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 certifi- cate; that the Ordinance has been duly recorded in the City Council's minutes of said meeting; that the above and foregoing paragraph is a true, full and correct excerpt from the City Council's minutes of said 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 suffi- ciently 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 con- sidered for adoption at said meeting, and each of said officers and members consented, in advance, to the holding of such meeting for such purpose; that said meeting was open to the public as required by law; and that public notice of the date, hour, place and subject of said meeting was given as required by Vernon's Article 6252-17, as amended. SIGNED AND SEALED this 13th day of November, 1984. /s/ Dorothy L. Cook City Secretary (SEAL) /s/ Tom Reid Mayor 257 ORDINANCE NO. 482 ORDINANCE AUTHORIZING THE ISSUANCE OF $5,000,000 CITY OF PEARLAND, TEXAS, PUBLIC IMPROVEMENT BONDS, SERIES 1984; AND DECLARING THAT A SPECIFIC AND IMMEDIATE PUBLIC EMERGENCY EXISTS IN THAT PROCEEDS OF SALE OF SUCH BONDS ARE REQUIRED AS SOON AS POSSIBLE TO ACCOMPLISH THE BOND PURPOSES FOR.PROTECTION OF LIFE, HEALTH, PROPERTY AND THE PUBLIC PEACE WITHIN THE CITY THE STATE OF TEXAS X COUNTIES OF BRAZORIA AND HARRIS X CITY OF PEARLAND X WHEREAS, the bonds hereinafter authorized were duly and favorably voted at an elec- tion held in the City on the 15th day of September, 1984; and WHEREAS, the City Council of the City has and does hereby determine that bonds in the amount herein authorized should now be issued and delivered in order to accomplish the purposes for which they were voted; Now, Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: ARTICLE I DEFINITIONS AND INTERPRETATIONS Section 1.1: Definitions. Throughout this ordinance the following terms and ex- pressions as used herein shall have the meanings set forth below: The term "Bond" or "Bonds" shall mean any bond or all bonds, as the case may be, of the Public Improvement Bonds, Series 1984, authorized in this Ordinance, unless the con- text clearly indicates otherwise. The term "City" shall mean the City of Pearland, Texas. The term "Interest and Sinking Fund" shall mean the interest and sinking fund established by the City pursuant to Section 5.1 of this Ordinance. The term "Interest Payment Date", when used in connection with any Bond, shall mean September 1, 1985, and each March 1 and September 1 thereafter until maturity or earlier redemption of such Bond. The term "Ordinance" as used herein and in the Bonds shall mean this ordinance authorizing the Bonds. The term "Owner" shall mean any person who shall be the registered owner of any outstanding Bonds. The term "Paying Agent" shall mean the Registrar. The term "Record Date" shall mean, for any Interest Payment Date, the 15th calendar date of the month next preceding such Interest Payment Date. The term "Register" shall mean the books of registration kept by the Registrar in which are maintained the names and addresses of and the principal amounts registered to each Owner. The term "Registrar" shall mean the First City National Bank of Houston, Houston, Texas, and its successors in that capacity. Section 1.2: Interpretations. All definitions of terms used herein and all pro- nouns used in this Ordinance shall be deemed to apply equally to singular and plural and to all genders. The titles and headings of the articles and sections of this Ordinance have been inserted for convenience of reference only and are not to be consid- ered a part hereof and shall not in any way modify or restrict any of the terms or pro- visions hereof. This Ordinance and all the terms and provisions hereof shall be liber- ally construed to effectuate the purposes set forth herein. ARTICLE II TERMS OF THE BONDS Section 2.1: Purpose and Amount. The Bonds shall be issued in fully registered form, without coupons, in the total authorized aggregate amount of Five Million Dollars ($5,000,000) for the purpose of providing $1,500,000 FOR THE CONSTRUCTION AND IMPROVE- MENT OF THE ROADS, BRIDGES, AND STREETS OF THE CITY, $1,500,000 FOR CONSTRUCTING IMPROVEMENTS AND EXTENSIONS TO THE SANITARY SEWER SYSTEM OF THE CITY, AND $2,000,000 FOR CONSTRUCTING AND PERMANENTLY EQUIPPING A PUBLIC SAFETY COMPLEX CONSISTING OF A BUILDING, OR BUILDINGS, TO BE USED FOR POLICE, MUNICIPAL COURT AND JAIL PURPOSES FOR THE CITY. Section 2.2: Designation, Date, and Interest. The Bonds shall be designated as the "CITY OF PEARLAND, TEXAS, PUBLIC IMPROVEMENT BONDS, SERIES 1984", and shall be dated December 1, 1984. The Bonds shall bear interest from the later of December 1, 1984, or the most recent Interest Payment Date to which interest has been paid or duly provided for, calculated on the basis of a 360 day year of twelve 30 day months, interest payable on September 1, 1985, and semi-annually thereafter on March 1 and Sep- tember 1 of each year until maturity or prior redemption. Section 2.3: Numbers, Denomination, Interest Rates and Maturities. The Bonds shall be issued bearing the numbers, in the prinicpal amounts, and bearing interest at the rates set forth in the following schedule, and may be transferred and exchanged as set out in this Ordinance. The Bonds shall mature, subject to prior redemption in accor- dance with this Ordinance, on March 1 in each of the years and in the amounts set out in such schedule. Bonds delivered in transfer of or in exchange for other Bonds shall be numbered in order of their authentication by the Registrar, shall be in denomination of $5,000 or integral multiples thereof, and shall mature on the same date and bear interest at the same rate as the Bond or Bonds in lieu of which they are delivered. Bond Principal Interest Number Year Amount Rate R- 1 1987 $125,000 11% R- 2 1988 125,000 11% R- 3 1989 125,000 11% R- 4 1990 150,000 11% R- 5 1991 175,000 11% R- 6 1992 200,000 11% R- 7 1993 250,000 11% R- 8 1994 350,000 11% R- 9 1995 375,000 10.35% R-10 1996 500,000 9.40% R-11 1997 525,000 9.60% R-12 1998 525,000 9.70% R-13 1999 525,000 9.80% R-14 2000 525,000 9.90% R-15 2001 525,000 9.00% Section 2.4: Execution of Bonds. The Bonds shall be signed by the Mayor of the City and countersigned by the City Secretary of the City, by their manual, lithographed, or facsimile signatures, and the official seal of the City shall be impressed or placed in facsimile thereon. Such facsimile signatures on the Bonds shall have the same effect as if each of the Bonds had been signed manually and in person by each of said officers, and such facsimile seal on the Bonds shall have the same effect as if the official seal of the City had been manually impressed upon each of the Bonds. If any officer of the City whose manual or facsimile signature shall appear on the Bonds shall cease to be such officer before the authentication of such Bonds or before the delivery of such Bonds, such manual or facsimile signature shall nevertheless be valid and sufficient for all purposes as if such officer had remained in such office. Section 2.5: Authentication. Only such Bonds as shall bear thereon either (i) the manually executed registration certificate of the Comptroller of Public Accounts of Texas substantially in the form provided in Section 4.2 of this Ordinance or (ii) a certificate of authentication, substantially in the form provided in Section 4.3 of this Ordinance, manually executed by an authorized officer of the Registrar, shall be entitled to the benefits of this Ordinance or shall be valid or obligatory for any pur- pose. Such duly executed certificate of authentication shall be conclusive evidence that the Bond so authenticated was delivered by the Registrar hereunder. 259 Section 2.6: Medium and Place of Payment. The Registrar is hereby appointed as the Paying Agent for the Bonds. The principal of the Bonds shall be payable, without exchange or collection charges,in any coin or currency of the United States of America, which, on the date of payment, is legal tender for the payment of debts due the United States of America, upon their presentation and surrender as they become due and payable, whether at maturity or by prior redemption, at the principal corporate trust office of the Registrar. The interest on each Bond shall be payable by check or draft payable on the Interest Payment Date mailed by the Registrar on or before each Interest Payment Date to the Owner of record as of the Record Date, to the address of such Owner as shown on the Register. Section 2.7: Ownership. The City, the Registrar and any other person may treat the person in whose name any Bond is registered as the absolute owner of such Bond for the purpose of making and receiving payment of the principal thereof and for the further pur- pose of making and receiving payment of the interest thereon, and for all other purposes, whether or not such Bond is overdue, and neither the City nor the Registrar shall be bound by any notice or knowledge to the contrary. All payments made to the person deemed to be the Owner of any Bond in accordance with this Section 2.7 shall be valid and effec- tual and shall discharge the liability of the City and the Registrar upon such Bond to the extent of the sums paid. Section 2.8: Registration, Transfer and Exchange. So long as any Bonds remain out- standing, the Registrar shall keep the Register at its principal corporate trust office in which, subject to such reasonable regulations as it may prescribe, the Registrar shall provide for the registration and transfer of Bonds in accordance with the terms of this Ordinance. Each Bond shall be transferable only upon the presentation and surrender thereof at the principal corporate trust office of the Registrar, duly endorsed for transfer, or accompanied by an assignment duly executed by the registered Owner or his authorized representative in form satisfactory to the Registrar. Upon due presentation of any Bond for.transfer, the Registrar shall authenticate and deliver in exchange therefor, within 72 hours after such presentation, a new Bond or Bonds, registered in the name of the transferee or transferees, in authorized denominations and of the same maturity and aggregate principal amount and bearing interest at the same rate as the Bond or Bonds so presented. All Bonds shall be exchangeable upon presentation and surrender thereof at the princi- pal corporate trust office of the Registrar for a Bond or Bonds of the same maturity and interest rate and in any authorized denomination, in an aggregate principal amount equal to the unpaid principal amount of the Bond or Bonds presented for exchange. The Registrar shall be and is hereby authorized to authenticate and deliver exchange Bonds in accordance with the provisions of this Section 2.8. Each Bond delivered in accordance with this Section 2.8 shall be entitled to the benefits and security of this Ordinance to the same extent as the Bond or Bonds in lieu of which such Bond is delivered. The City or the Registrar may require the Owner of any Bond to pay a sum sufficient to cover any tax or other governmental charge that may be imposed in connection with the transfer or exchange of such Bond. Any fee or charge of the Registrar for such transfer or exchange shall be paid by the City. The Registrar shall not be required to transfer or exchange any Bond during a period beginning at the opening of business fifteen (15) calendar days prior to the first mail- ing of a notice of redemption of bonds and ending at the close of business on the day of such mailing. Section 2.9: Cancellation. All Bonds paid or redeemed in accordance with this Ordinance, and all Bonds in lieu of which exchange Bonds or replacement Bonds are authen- ticated and delivered in accordance herewith, shall be cancelled and destroyed upon the making of proper records regarding such payment or redemption. The Registrar shall fur- nish the City with appropriate certificates of destruction of such Bonds. Section 2.10: Replacement Bonds. Upon the presentation and surrender to the Reg- istrar of a mutilated Bond, the Registrar shall authenticate and deliver in exchange therefor a replacement Bond of like maturity, interest rate and principal amount, bear- ing a number not contemporaneously outstanding. The City or the Registrar may require the Owner of such Bond to pay a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith and any other expenses connected therewith, including the fees and expenses of the Registrar. M If any Bond is lost, apparently destroyed, or wrongfully taken, the City, pursuant to the applicable laws of the State of Texas and in the absence of notice or knowledge that such Bond has been acquired by a bona fide purchaser, shall execute and the Registrar shall authenticate and deliver a replacement Bond of like maturity, interest rate and principal amount, bearing a number not contemporaneously outstanding, provided that the Owner thereof shall have: (a) furnished to the City and the Registrar satisfactory evidence of the ownership of and the circumstances of the loss, destruction or theft of such Bond; (b) furnished such security or indemnity as may be required by the Registrar and the City to save them harmless; (c) paid all expenses and charges in connection therewith, including, but not limited to, printing costs, legal fees, fees of the Registrar and any tax or other governmental charge that may be imposed; and (d) met any other reasonable requirements of the City and the Registrar. If, after the delivery of such replacement Bond, a bona fide purchaser of the original Bond in lieu of which such replacement Bond was issued presents for payment such original Bond, the City and the Registrar shall be entitled to recover such replacement Bond from the person to whom it was delivered or any person taking therefrom, except a bona fide purchaser, and shall be entitled to recover upon the security or indemnity provided therefor to the extent of any loss, damage, cost or expense incurred by the City or the Registrar in connection therewith. If any such mutilated, lost, apparently destroyed or wrongfully taken Bond has be- come or is about to become due and payable, the City in its discretion may, instead of issuing a replacement Bond, authorize the Registrar to pay such Bond. Each replacement Bond delivered in accordance with this Section 2.10 shall be entitled to the benefits and security of this Ordinance to the same extent as the Bond or Bonds in lieu of which such replacement Bond is delivered. ARTICLE III OPTION OF PRIOR REDEMPTION Section 3.1: Optional Redemption. The City reserves the right, at its option, to redeem prior to maturity the Bonds maturing on or after March 1, 1996, in whole or from time to time in part, on March 1, 1995, or on any Interest Payment Date thereafter at par plus accrued interest on the Bonds called for redemption to the date fixed for redemption. If less than all of the Bonds are redeemed within a stated maturity at any time, the Bonds to be redeemed shall be selected by the City. Section 3.2: Partial Redemption. Principal amounts may be redeemed only in integral multiples of $5,000. If a Bond subject to redemption is in a denomination larger than $5,000, a portion of such Bond may be redeemed, but only in integral multiples of $5,000. Upon surrender of any Bond for redemption in part, the Registrar, in accordance with Section 2.8 hereof, shall authenticate and deliver in exchange therefor a Bond or Bonds of like maturity and interest rate in an aggregate principal amount equal to the unre- deemed portion of the Bond so surrendered. Section 3.3: Notice of Redemption. Notice of any redemption identifying the Bonds to be redeemed in whole or in part shall be given by the Registrar at least thirty days prior to the date fixed for redemption by (i) sending written notice by certified mail to the Owner of each Bond to be redeemed in whole or in part at the address shown on the Register and (ii) publication one time in a financial journal or publication published in the City of New York, New York, or in the City of Austin, Texas. Such notices shall state the redemption date, the amount of accrued interest payable on the redemption date, the place at which Bonds are to be surrendered for payment and, if less than all Bonds outstanding are to be redeemed, the numbers of the Bonds or portions thereof to be redeemed. Any notice given as provided in this Section 3.3 shall be conclusively presumed to have been duly given, whether or not the Owner receives such notice. By the date fixed for redemption, due provision shall be made with the Registrar for payment of the redemption price of the Bonds or portions thereof to be redeemed, plus accrued interest to the date fixed for redemption. When Bonds have been called for redemption in whole or in part and due provision has been made to redeem same as herein provided, 261 the Bonds or portions thereof so redeemed shall no longer be regarded as outstanding except for the purpose of receiving payment solely from the funds so provided for re- demption, and the rights of the Owners to collect interest which would otherwise accrue after the redemption date on any Bond or portion thereof called for redemption shall terminate on the date fixed for redemption. ARTICLE IV FORM OF BONDS AND CERTIFICATES Section 4.1: Form of Bonds. The Bonds shall be in substantially the following form, with such additions, deletions and variations as may be necessary or desirable and per- mitted by this Ordinance: NUMBER R - REGISTERED INTEREST RATE: REGISTERED OWNER: PRINCIPAL AMOUNT: (Face of Bond) UNITED STATES OF AMERICA STATE OF TEXAS COUNTIES OF BRAZORIA AND HARRIS CITY OF PEARLAND, TEXAS PUBLIC IMPROVEMENT BOND, SERIES 1984 MATURITY DATE: ISSUE DATE: DECEMBER 1, 1984 DENOMINATION REGISTERED CUSIP NO. DOLLARS THE CITY OF PEARLAND, TEXAS (the "City") promises to pay to the Registered Owner identified above, or registered assigns, on the date specified above, upon presentation and surrender of this bond at the principal corporate trust office of the FIRST CITY NATIONAL BANK OF HOUSTON, HOUSTON, TEXAS (the "Registrar"), the principal amount identi- fied above, payable in any coin or currency of the United States of America which on the date of payment of such principal is legal tender for the payment of debts due the United States of America, and to pay interest thereon at the rate shown above, calculated on the basis of a 360 day year of twelve 30 day months, from the later of December 1, 1984, or the most recent interest payment date to which interest has been paid or duly provided for. Interest on this bond is payable by check or draft payable on September 1, 1985 and semi-annually thereafter on each March 1 and September 1, mailed to the registered owner as shown on the books of registration kept by the Registrar as of the 15th cal- endar date of the month next preceding each interest payment date. REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS SHALL HAVE THE SAME FORCE AND EFFECT AS IF SET FORTH AT THIS PLACE. IN WITNESS WHEREOF, this bond has been signed with the manual or facsimile signature of the Mayor of the City and countersigned with the manual or facsimile signature of the City Secretary of the City, and the official seal of the City has been duly impressed, or placed in facsimile, on this bond. (AUTHENTICATION CERTIFICATE) (SEAL) CITY OF PEARLAND, TEXAS Mayor City Secretary (Back Panel of Bond) THIS BOND is one of a duly authorized issue of Bonds, aggregating $5,000,000 (the "Bonds"), issued for the purpose of providing $1,500',000 FOR THE CONSTRUCTION AND IMPROVEMENT OF THE ROADS, BRIDGES, AND STREETS OF THE CITY, $1,500,000 FOR CONSTRUCTING IMPROVEMENTS AND EXTENSIONS TO THE SANITARY SEWER SYSTEM OF THE CITY, AND $2,000,000 accrued interest thereon to date of delivery, plus a cash premium of $213.75, is hereby authorized, approved, ratified and confirmed, subject to the unqualified approv- ing opinion as to the legality of the Bonds of the Attorney General of the State of Texas, and of Vinson & Elkins, Houston, Texas, bond counsel. Section 6.2: Approval, Registration and Delivery. After the Bonds to be initially issued shall have been executed, it shall be the duty of the Mayor of the City to deliver the Bonds to be initially issued and all pertinent records and proceedings to the Attorney General of Texas, for examination and approval by the Attorney General. After the Bonds to be initially issued shall have been approved by the Attorney General, they shall be delivered to the Comptroller of Public Accounts of the State of Texas for registration. Upon registration of the Bonds to be initially issued, the Comp- troller of Public Accounts (or a deputy lawfully designated in writing to act for the Comptroller) shall manually sign the Comptroller's Registration Certificate prescribed herein to be printed and endorsed on the Bonds to be initially issued, and the seal of said Comptroller shall be impressed, or placed in facsimile, thereon. Section 6.3: No Arbitrage. The City certifies that based upon all facts and estimates now known or reasonably expected to be in existence on the date the Bonds initially issued are delivered and paid for, the City reasonably expects that the proceeds of the Bonds will not be used in a manner that would cause the Bonds or any portion of the Bonds to be an "arbitrage bond" under Section 103(c) (2) of the Internal Revenue Code of 1954, as amended, and the regulations prescribed thereunder. Further- more, all officers, employees and agents of the City are authorized and directed to provide certifications of facts and estimates that are material to the reasonable expectations of the City as of the date the Bonds initially issued are delivered and paid for. In particular, all or any officers of the City are authorized to certify for the City the facts and circumstances and reasonable expectations of the City on the date the Bonds initially issued are delivered and paid for regarding the amount and use of the proceeds of the Bonds. Moreover, the City convenants that it shall make such use of the proceeds of the Bonds, regulate investments of proceeds of the Bonds and take such other and further actions as may be required so that the Bonds shall not be "arbitrage bonds" under Section 103(c) (2) of the Internal Revenue Code of 1954, as amended, and the regulations prescribed from time to time thereunder. ARTICLE VII MISCELLANEOUS Section 7.1: Official Statement. The City ratifies and confirms its prior approval of the form. and content of the Official Statement prepared for initial offer- ing and sale of the Bonds and hereby approves the form and content of any addenda, supplement, or amendment thereto. The use of such Official Statement in the reoffer- ing of the Bonds by the Purchaser is hereby approved and authorized. The proper officials of the City are hereby authorized to execute and deliver a certificate pertaining to such Official Statement as prescribed therein, dated as of the date of payment for and delivery of the Bonds. Section 7.2: Provisions Concerning Registrar. (a) The Registrar, by undertaking the performance of the duties of the Registrar and in consideration of the payment of fees and/or deposits of money pursuant to this Ordinance and a Paying Agent/Registrar Agreement, accepts and agrees to abide by the terms of this Ordinance and such Agree- ment. The City hereby approves the Paying Agent/Registrar Agreement. (b) The City reserves the right to replace the Registrar or its successor at any time. If the Registrar is replaced by the City, the new Registrar shall accept the previous Registrar's records and act in the same capacity as the previous Registrar. Any successor Registrar shall be either a national or state banking institution and a corporation organized and doing business under the laws of the United States of America or any State authorized under such laws to exercise trust powers and subject to supervision or examination by Federal or State authority. Section 7.3: Further Procedures. The Mayor, and the City Secretary and other appropriate officials of the City are hereby authorized and directed to do any and all things necessary and/or convenient to carry out the terms and purposes of this Ordinance. Section 7.4: Severability. If any Section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such Section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. 265 Section 7.5: Declaration of Emergency; Open Meeting. It is hereby officially found and determined that this Ordinance relates to an immediate public emergency affecting life, health, property and the public peace, and that such emergency and urgent public necessity exist, the specific emergency being that the proceeds from the sale of the Bonds are required as soon as possible so that the City may proceed without unnecessary delay to accomplish the purposes for which the Bonds were voted in order to further protect life, health, property and the public peace within the City; that such emergency and necessity require the adoption of this Ordinance and the holding of the meeting at which this Ordinance is adopted at the time and place held; the meeting at which this Ordinance was adopted was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Vernon's Ann. Tex. Civ. St. Article 6252-17, as amended; and that such notice as given is hereby authorized, approved, adopted and ratified. Section 7.6: Effect of Ordinance. This Ordinance shall be in force and effect from and after its passage, and it is so ordered. Section 7.7: Repealer. All orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent of such inconsistency. PASSED AND APPROVED this 13th day of November, 1984. /s/ TOM REID Mayor CITY OF PEARLAND, TEXAS ATTEST: /s/ DOROTHY L. COOK City Secretary CITY OF PEARLAND, TEXAS (SEAL) CHANGE IN ORDER OF BUSINESS: DOCKETED PUBLIC HEARINGS: 1. ENTEX, INC. - REQUEST FOR RATE INCREASE 2. PERSONS WISHING TO SPEAK FOR THE PROPOSED INCREASE: Roy Baker, District Manager of Entex, Inc. Mr. Baker appeared before the City Council and presented a brochure that included a letter, statements and graphs indicating the need for the $1.15 per month increase requested by Entex, Inc. 3. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED INCREASE: None 4. QUESTION AND ANSWER PERIOD 5. ADJOURN HEARING COMPLETE TAPE OF HEARING ON FILE IN THE OFFICE OF THE CITY SECRETARY. AEW BUSINESS: (Continued) COUNCIL DECISION ON REQUEST BY ENTEX, INC. FOR RATE INCREASE: It was moved by Councilman Mack, seconded by Councilman Frauenberger that an ordinance be prepared in accordance with the request by Entex, Inc. for consideration by the City Council. Motion passed 5 to 0. X66 DOCKETED PUBLIC HEARINGS: (Continued) HEARING NO. 2: LAND USE CHANGE APPLICATION NO. 136 - John G. Kegley, Owner from classification PU to General Business on 2.6363 acre tract out of Tracts 21 and 22 of the George W. Jenkins Subdivision in the W.D.C. Hall League, Abstract 70, Brazoria County, Texas. PERSONS WISHING TO SPEAK FOR THE PROPOSED CHANGE: Mr. John Kegley, Owner. Mr. Kegley advised the City Council that if the zone change was approved that the land would be sold to Exxon for a service station and convenience -type store operation. PERSONS WISHING TO SPEAK AGAINST THE PROPOSED CHANGE: None QUESTION AND ANSWER PERIOD: Mayor Reid read a letter from the Planning and Zoning Commission dated October 18, 1984 as follows: October 18, 1984 The Honorable Mayor and City Council City Hall Pearland, Texas 77588 Gentlemen: At their special meeting on October 16, 1984, the Planning and Zoning Commission held a Public Hearing on Application No. 136, John G. Kegley, Owner, for an amend- ment to the Land Use and Urban Development Ordinance from classification Planned Unit (PU) to General Business (GB). The Planning and Zoning Commission acted on the application. Frank Ravet made motion, seconded by Al Klosterman that the Planning and Zoning Commission recommend to the City Council that Application No. 136 be approved. Motion passed 6 to 0. The Planning and Zoning Commission is submitting this recommendation for the Council's consideration. Sincerely, /s/ RICHARD F. TETENS Richard Tetens, Chairman Planning and Zoning Commission ADJOURN COMPLETE TAPE OF HEARING ON FILE IN THE CITY SECRETARY'S OFFICE. NEW BUSINESS: (Continued) COUNCIL DECISION ON REQUEST BY JOHN G. KEGLEY FOR LAND USE CHANGE DESCRIBED IN APPLI- CATION NO. 136: It was moved by Councilman Bost, seconded by Councilman Mack that an ordinance be prepared for Council consideration on Land Use Application No. 136, John G. Kegley, Owner from PU to General Business. Motion passed 5 to 0. APPOINTMENT TO LIBRARY BOARD TO FILL UNEXPIRED TERM OF GUY B. ROBERTS: It was moved by Councilman Frauenberger, seconded by Councilman Mack that Jim Snowden be appointed to the Library Board to fill the unexpired term on the Library Board. 267 Motion passed 5 to 0. Mayor Reid administered the Oath of Office to Mr. Snowden. PRESENTATION OF FINANCIAL REPORTING ACHIEVEMENT AWARD TO DOROTHY S. THOMPSON: Mayor Reid presented a Financial Achievement Award to Dorothy S. Thompson, Director of Finance. This award was given by the Municipal Finance Officers Association for excellence in reporting. The City also received a Certificate of Conformance Award in financial reporting from the Municipal Finance Officers Association. Mayor Reid advised the audience that this was the seventh such award received and it is a credit to Mrs. Thompson for her good work. BID NO. B84-22, WALNUT STREET SEWER LIFT STATION REHABILITATION: The following bids were reviewed by the Council. VENDOR PRICE BID BOND Mainland Construction Company $60,139.79 5% of Total Bid Ben Felts Contracting $72,821.00 5% of Total Bid Ranger Contracting, Inc. $82,000.00 50 of Total Bid Mercer Construction Co. $75,700.00 5% of Total Bid Peltier Constr. Co. $78,900.00 5% of Total Bid Big H. Construction, Inc. $55,101.00 5% of Total Bid It was moved by Councilman Lentz, seconded by Councilman Bost that Bid No. B84-22 be awarded to Big H Construction Company in the amount of $55,101.00 and the Mayor be authorized to sign the contract. Motion passed 5 to 0. ORDINANCE NO. 246-99, AN ORDINANCE OF THE CITY OF PEARLAND AMENDING THE LAND USE AND URBAN DEVELOPMENT ORDINANCE, APPLICATION NO. 135, JAMES T. ROBINSON, AGENT FOR LEON J. SETTEGAST AND MARY K. HADDOCK: Ordinance No. 246-99 read in caption by Councilman Bost. (First REading) It was moved by Councilman Bost, seconded by Councilman Gray that Ordinance No. 246-99 be passed and approved on first of two readings. Said Ordinance No. 246-99 reads in ^' caption as follows: ORDINANCE NO. 246-99 AN ORDINANCE OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 246, KNOWN AS THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS; PROVIDING FOR AMENDMENT OF THE LAND USE DISTRICT MAP; PROVIDING AN EFFECTIVE DATE AND CONTAIN- ING OTHER PROVISIONS RELATING TO THE SUBJECT. Voting "aye" - Councilman Lentz, Councilman Mack, Councilman Frauenberger, Councilman Bost and Councilman Gray. Voting "No" - None Motion passed 5 to 0. OTHER BUSINESS: Meeting recessed to Executive Session at 9:45 P. M. under Texas Revised Civil Statutes, Article 6252-17, Section 2, Subsection (e) Legal, (f) Lease, Purchase or Value of Real Property and (g) Personnel. RETURNED TO OPEN SESSION AT 11:00 P.M. ADJOURN: The Meeting adjourned at 11:00 P. M. Minutes approved as submitted and/or corrected this the day of A.D., 1984. Mayor ATTEST: y� City Sec#etary J