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R2024-112 2024-06-10 CERTIFICATE FOR RESOLUTION THE STATE OF TEXAS - COUNTIES OF BRAZORIA, FORT BEND AND HARRIS § CITY OF PEARLAND § I, 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 June 10, 2024, 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, to wit: Kevin Cole Mayor Tony Carbone Mayor Pro Tern Joseph Koza Councilmember Mona Chavarria Councilmember Clint Byrom Councilmember Layni Cade Councilmember Chad Thumann Councilmember Rushi Patel Councilmember and all of such persons were present, , thus constituting a quorum Whereupon, among other business, the following was transacted at said meeting a written RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION FOR THE DESIGN, ACQUISITION, CONSTRUCTION AND IMPROVEMENT OF CERTAIN PUBLIC WORKS, AUTHORIZING DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT RELATING TO SUCH SERIES OF 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 the Resolution be adopted, and, after due discussion, such motion, carrying with it the adoption of the Resolution, prevailed and carried by the following vote AYES 7 NAYS 0 ABSTENTIONS _ 2 That a true, full and correct copy of the Resolution adopted at the meeting described in the above and foregoing paragraph is attached to and follows this certificate, that the Resolution 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 Resolution, 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 Resolution would be introduced and considered for adoption at such meeting, and each of such officers and members consented, in 40502399v.2 advance, to the holding of such meeting for such purpose, that said meeting was open to the public and that public notice of the date, hour, place and subject of such meeting was given as required by the Open Meetings Law, Chapter 551, Texas Government Code - 2 - 40502399v.2 SIGNED AND SEALED - is `1 U' fve__ 2024 rottif City Sec re-ary Ma CITY O} PEARLAND, T S C OF PEARLAND, TEXAS `%%Ilttlllll%%%%%% (SEAL) .„s,, AN...... Off', \5111. - 3 - 40502399v.2 RESOLUTION NO. R2024-112 A Resolution of the City Council of the City of Pearland, Texas, authorizing publication of notice of intention to issue certificates of obligation for the design, acquisition, construction and improvement of certain public works, authorizing distribution of a preliminary official statement relating to such series of certificates and authorizing certain other matters relating thereto 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 the City of Pearland, Texas Certificates of Obligation, Series 2024C, in one or more series, in an aggregate principal amount not to exceed $81,370,000 (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, prior to the issuance of such certificates, the City Council is required to publish notice of its intention to issue the same in a newspaper of general circulation in the City, said notice stating (i) the time and place the City Council tentatively proposes to pass the ordinance authorizing the issuance of the certificates, (ii) the purposes for which the certificates are to be issued, (iii) the manner in which the City Council proposes to pay the certificates, (iv) the current principal of all outstanding debt obligations of the City, the combined principal and interest required to pay all outstanding debt obligations of the City on time and in full, the maximum principal amount of the certificates to be authorized, and the estimated combined principal and interest required to pay the certificates to be authorized on time and in full, (v) the estimated interest rate for the certificates to be authorized, and (vi) the maximum maturity date of the certificates to be authorized, 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 is satisfactory, and that the recitals and findings contained therein are true, correct and 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. 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 of the Notice to be at least forty- six (46) days prior to the date stated therein for the passage of the ordinance authorizing the issuance of the certificates of obligation and (ii) posted continuously on the City's website for at 40502399v.2 least forty-five (45) days before the date stated therein for the passage of the ordinance authorizing the issuance of the certificates of obligation Section 3. Designation of Self-Supporting Securities For the purposes of the Notice, the City hereby designates as self-supporting those public securities listed in the attached Exhibit B, the debt service on which the City currently pays from sources other than ad valorem tax collections The City plans to continue to pay these public securities based on this practice, however, there is no guarantee this practice will continue in future years Section 4. 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 5. Effective Date. This Resolution shall take effect immediately upon passage Section 6. Public Meeting It is officially found, determined and declared that the meeting at which this Resolution is adopted was open to the public in compliance with the advisory issued by the Office of the Governor 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 [signature page follows] - 2 - 40502399v.2 PASSED, APPROVED and ADOPTED this the 10th day of June, AD , 2024 J ` COLE /5OR ATTEST FRAN E AGUILAR, T" 1C, MMC QEAR!:441,,% CITY S CRETARY :'(), :4;- APPROVED AS TO FORM z 's DARRIN M COKER CITY ATTORNEY [Signature Page to Resolution] 40502399v.2 EXHIBIT A 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 6'30 p m on the 12th day of August, 2024, 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$81,370,000 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) construction and improvements to the Green Tee Transite Pipe Water Line, (ii) construction, improvements and expansion to the Barry Rose Water Reclamation Facility in the City, (iii) other construction, rehabilitation, repairs, improvements, additions and extensions to the City's water and sewer system, and (iv) professional services rendered in connection with the above listed projects The estimated combined principal and interest required to pay the Certificates on time and in full is $154,612,831 Such estimate is provided for illustrative purposes only and is based on an assumed interest rate of 4 601% Market conditions affecting interest rates vary based on a number of factors beyond the control of the City, and the City cannot provide any assurance regarding the rate of interest that the Certificates will bear upon their issuance As of the date of this notice, the aggregate principal amount of outstanding public securities of the City secured by and payable from ad valorem taxes (excluding public securities secured by an ad valorem tax but designated by the City as self-supporting) is $333,175,000, and based on the City's expectations, as of the date of this notice the combined principal and interest required to pay all of the outstanding public securities of the City secured by and payable from ad valorem taxes (excluding public securities secured by an ad valorem tax but designated by the City as self- supporting) on time and in full is $433,830,374 WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY, this 10th day of June, 2024 /s/ City Secretary City of Pearland, Texas Exhibit A- i 40502399v.2 EXHIBIT B SELF-SUPPORTING DEBT Principal Amount Designated as Self Supporting Series Designation $ 1,245,000 Permanent Improvement Refunding Bonds, Series 2020 45,710,000 Certificates of Obligation, Series 2022C 54,835,000 Certificates of Obligation, Series 2023C $101,790,000 Total Principal Amount Designated as Self-Supporting Exhibit B - i 40502399v.2