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R2023-273 2023-10-23 37769931v.1 RESOLUTION NO. R2023-273 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 “Projects”), the maximum aggregate cost of which is expected to be approximately $221,752,074; WHEREAS, the City anticipates providing funds to permanently finance these capital costs of the Projects by issuing after the date hereof certain certificates of obligation and tax­ exempt bonds, expected to be issued by the City in fiscal year 2024 and currently expected to have a maximum aggregate principal amount of $221,752,074 (herein, the “Tax­Exempt Obligations”), the proceeds of which are expected to be used to pay costs of the Projects and costs of issuance of the Tax­Exempt 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 long­term basis to pay the costs of the Projects; WHEREAS, the Tax­Exempt Obligations will be payable from certain revenues and ad valorem taxes levied, assessed and collected by the City to pay debt service on the Tax­Exempt Obligations; WHEREAS, the City anticipates that no more than 60 days prior to the date hereof and prior to the issuance of the Tax­Exempt Obligations it will be obligated to pay certain costs constituting expenditures properly chargeable to a capital account (under general federal income tax principles) in connection with the Projects (the “Expenditures”); WHEREAS, the money to be used to pay the Expenditures described in Exhibit A of this Resolution for the Projects 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; DocuSign Envelope ID: 96DD53B2-5E80-4B2C-BB6D-0DF9C31BB718 RESOLUTION NO. R2023-273 - 2 - 37769931v.1 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 Tax­Exempt Obligations; and WHEREAS, after the issuance of the Tax­Exempt Obligations the City will: (1) evidence each allocation of proceeds of the Tax­Exempt Obligations to the reimbursement of the respective Expenditures with separate entries in its books and records maintained with respect to the Tax­Exempt 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 § 1.150­2, as promulgated under the Internal Revenue Code of 1986, as amended (the “Code”), to issue approximately $221,752,074 aggregate principal amount of Tax­ Exempt Obligations, all of which will be used to pay the costs of the Projects or to reimburse the City for the Expenditures paid in connection with the Projects prior to the issuance of the Tax­ Exempt Obligations and to pay costs of issuance of the Tax­Exempt 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. PASSED, APPROVED and ADOPTED this the 23rd day of October, A.D., 2023. J.KEVIN COLE MAYOR DocuSign Envelope ID: 96DD53B2-5E80-4B2C-BB6D-0DF9C31BB718 RESOLUTION NO. R2023-273 - 3 - 37769931v.1 ATTEST: FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER, CITY ATTORNEY DocuSign Envelope ID: 96DD53B2-5E80-4B2C-BB6D-0DF9C31BB718 RESOLUTION NO. R2023-273 Exhibit A - i 37769931v.1 EXHIBIT A Description of Expenditures to be Reimbursed October 2023 Intent to Reimburse for FY24 DocuSign Envelope ID: 96DD53B2-5E80-4B2C-BB6D-0DF9C31BB718 Debt Type Bond Maturity (years)Project Name Expect to Reimburse 2007 General Obligation Bonds 20 Years Smith Ranch Road Extension (CR 94) - Hughes Ranch Road to Broadway 2,340,000 2007 General Obligation Bonds Total 2,340,000 2019 General Obligation Bonds 30 Years Hickory Slough Sportsplex Detention Pond Ph 2 3,761,000 2019 General Obligation Bonds 30 Years Bailey Road Expansion - Veterans Dr to Main 11,773,000 2019 General Obligation Bonds 30 Years Street Reconstruction - Sherwood 4,450,000 2019 General Obligation Bonds Total 19,984,000 2023 General Obligation Bonds 30 Years Veterans Drainage Improvements 10,980,000 2023 General Obligation Bonds 25 Years Longwood Park (Roadside Ditch and Culvert)660,000 2023 General Obligation Bonds 25 Years Southwest Quadrant of Old Town (McLean to SH35 South of Broadway)10,179,000 2023 General Obligation Bonds 25 Years Shady Crest and Creek View Subdivision Drainage Improvement 1,828,000 2023 General Obligation Bonds 30 Years Shadow Creek Ranch – Ocean Point Ct 100 Year Overflow at Cul-De-Sac 100,000 2023 General Obligation Bonds 30 Years Hughes Road - Pearland Parkway to City of Pearland City Limit 10,700,000 2023 General Obligation Bonds 25 Years Concrete Sidewalk Gaps and Replacement 2,200,000 2023 General Obligation Bonds Total 36,647,000 Certificates of Obligation 30 Years West Lea Subdivision Drainage Improvements 931,406 Certificates of Obligation 30 Years Hickory Slough Detention Storm Water Pump Station Generator 830,000 Certificates of Obligation 30 Years Veterans Drainage Improvements 350,000 Certificates of Obligation 30 Years Orange Street Service Center Phase 2 7,350,000 Certificates of Obligation 30 Years Hillhouse Road Annex Phase II 20,046,750 Certificates of Obligation 20 Years Water Operations Building (Alice St.)259,783 Certificates of Obligation 30 Years Reflection Bay WRF Fuel Island 538,500 Certificates of Obligation 30 Years Fiber Backbone (Magnolia from Cullen to Business Center)352,500 Certificates of Obligation 15 Years West Pearland Community Center HVAC Replacement 240,000 Certificates of Obligation 12 Years Fire Administration HVAC Replacement 348,000 Certificates of Obligation 20 Years Smith Ranch Road Extension (CR 94) - Hughes Ranch Road to Broadway 2,430,385 Certificates of Obligation 30 Years Pearland Parkway at Broadway Intersection Improvements 984,000 Certificates of Obligation 20 Years Broadway Expansion Phase 1 - SH 288 to Old Chocolate Bayou 592,500 Certificates of Obligation 30 Years Dixie Farm Road Transition near Mary's Creek and Cowart's Creek Bridge 76,000 Certificates of Obligation 30 Years Hughes Road - Pearland Parkway to City of Pearland City Limit 1,546,000 Certificates of Obligation Total 36,875,824 TIRZ Reimbursable Debt 30 Years Shadow Creek Trail Phase II - Along Clear Creek Relief Ditch & Library Trail 275,000 TIRZ Reimbursable Debt 25 Years Shadow Creek Parkway Landscaping, Street Lighting & Sidewalks 550,000 TIRZ Reimbursable Debt 30 Years Intersection Improvements in Shadow Creek Ranch 7,700,000 TIRZ Reimbursable Debt Total 8,525,000 Total Tax-backed Debt Issuance 104,371,824$ W/S Certificates of Obligation 30 Years Orange Street Service Center Phase 2 13,650,000 W/S Certificates of Obligation 30 Years Hillhouse Road Annex Phase II 6,682,250 W/S Certificates of Obligation 30 Years Water Operations Building (Alice St.)3,220,000 W/S Certificates of Obligation 30 Years Reflection Bay WRF Fuel Island 538,500 W/S Certificates of Obligation 30 Years Westminister Subdivision Water Line Replacement 1,280,000 W/S Certificates of Obligation 30 Years Green Tee Transite Pipe Water Line Replacement 6,185,000 W/S Certificates of Obligation 30 Years Somersetshire Estates Subdivision Waterline Replacement 361,000 W/S Certificates of Obligation 20 Years Liberty Water Production Facility Rehabilitation 2,784,000 W/S Certificates of Obligation 30 Years Sherwood Waterline Replacement 1,500,000 W/S Certificates of Obligation 30 Years Country Place Water Well Generator Replacement 208,500 W/S Certificates of Obligation 30 Years Garden Water Well Generator 273,000 W/S Certificates of Obligation 20 Years Water Plant Chemical Containment Structures 94,000 W/S Certificates of Obligation 30 Years Wood Creek Transite Pipe Water Line Replacement 500,000 W/S Certificates of Obligation 20 Years Cullen Ground Storage Tank Replacement 390,000 W/S Certificates of Obligation 30 Years CR 100 Water Line - Harkey to Pearland Sites 375,000 W/S Certificates of Obligation 30 Years Creek View and Shady Crest Transite Pipe Water Line Replacement 550,000 W/S Certificates of Obligation 30 Years Barry Rose WRF Replacement and Expansion 36,198,000 W/S Certificates of Obligation 25 Years Longwood Water Reclamation Facility Decommissioning 18,865,000 W/S Certificates of Obligation 30 Years Sanitary Sewer Rehabilitation - Old Town District & Barry Rose Service Area 750,000 W/S Certificates of Obligation 10 Years Sanitary Sewer Rehabilitation - Barry Rose Service Area (BR-03)3,750,000 W/S Certificates of Obligation 10 Years Sunrise Lakes Lift Station Rehabilitation 176,000 W/S Certificates of Obligation 10 Years Veterans 2 Regional Lift Station Rehabilitation 3,876,000 W/S Certificates of Obligation 10 Years Dixie Farm North Regional Lift Station Rehabilitation 1,720,000 W/S Certificates of Obligation 30 Years Barry Rose Gravity Sewer - Plum from Galveston to Barry Rose WRF 1,223,000 W/S Certificates of Obligation 10 Years Riverstone Ranch Regional Lift Station Capacity Expansion 300,000 W/S Certificates of Obligation 10 Years Lakes of Country Place Lift Station Rehabilitation 832,000 W/S Certificates of Obligation 10 Years Southdown Lift Station Rehabilitation 1,200,000 W/S Certificates of Obligation 30 Years Shady Crest and Creek View Subdivision Sanitary Sewer Rehabilitation 334,000 W/S Certificates of Obligation 10 Years Whispering Winds Lift Station Relocation 159,000 W/S Certificates of Obligation 10 Years Wooten Road Lift Station Decommissioning 294,000 W/S Certificates of Obligation 30 Years Sanitary Sewer Rehabilitation - Longwood Service Area (LW-03)9,012,000 W/S Certificates of Obligation 10 Years Southdown Regional Lift Station & Force Main 100,000 W/S Certificates of Obligation Total 117,380,250 EXHIBIT A Description of Expenditures to be Reimbursed