R2006-036 05-15-06
RESOLUTION NO. 2006-3~
RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION
TO ISSUE CERTIFICATES OF OBLIGATION IN A PRINCIPAL AMOUNT
NOT TO EXCEED $10,000,000 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
MA TTERS RELATING THERETO
STATE OF TEXAS S
COUNTIES OF BRAZORIA AND HARRIS S
CITY OF PEARLAND S
WHEREAS, the City Council (the "City Council") of the City of Peariand, 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
$10,000,000 styled "City of Pearland, Texas Certificates of Obligation, Series 2006" (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 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.
HOU2575744.2
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.
passage.
Effective Date. This Resolution shall take effect immediately upon
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.
[Remainder of Page lntentionally Left Blank]
2
HOU25757442
PASSED AND APPROVED this 15=:O~
Mayor
City of Pearl and, Texas
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HOU2575744.2
EXHIBIT A
NOTICE OF INTENTION TO ISSUE CERTIFICATES
NOTICE IS HEREBY GIVEN that the City Council of the City of Pearl and, Texas (the
"City") will meet at its regular meeting place at City Hall, Peariand, Texas at 7:30 p.m. on the
lih day of June, 2006, 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 $1 0,000,000, 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 purchase of approximately 40
acres of land to be used for a regional storm water detention facility to be located immediately
north of Clear Creek and approximately 2000 feet west of State Highway 288, including the
construction of an approximately 200-acre foot storm water detention storage facility, the
construction of storm sewer channel facilities for drainage and detention mitigation and related
studies and site work for such facilities, (ii) the construction of an approximately 2300 foot
segment of Barry Rose/Hughes Road northeast of Pearland Parkway, including the construction
of bridge spanning Clear Creek to be used for such road, (iii) preliminary engineering services
related to certain transportation, drainage, public building and city park projects to be undertaken
by the City, and (iv) professional services rendered in connection with the above listed projects.
WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY, this ~ day of
May, 2006.
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AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Lloyd Morrow, hereby certify that the notice hereby appended was published
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris
and Galveston Counties, for ( issues, as follows:
No. l Date 5/ 7 20 O .
No. Date 20
No. Date 20
No. Date 20
No. Date . 20
CFO
Subscribe and sworn to before me this / day of
20 DAP
LAURA ANN EMMONS
Notary Public,State of Texas •
%wo'ol Commission Expires 09-09-2006 :
•
• Laura Ann.Emmons, Publisher
Notary Public, State of Texas
I 11 4- n _ _
LEGALS
THEOFFICIAL;SEAL;OF
THE CITY,this 15th day of
May;2006i•
Isl Young Lotfing;,TRMC
City Secretary
Published May 1'7, and, .City of Pearland,Texas
May24,"2006`.::..;
`NOTICE OF INTENTION
-TO ISSUE CERTIFICATES
NOTICE IS HEREBY
GIVEN.that:the City Council
of the City3of,P.earland,'
Texas(the`"City")will'meet
at.its regular meeting place
Flat',City •Hall Pearland, ,;
f Texas•at.7:30•p.m'..on the
`;'12th.,day of June '2006,,'
;•whichis-.,'Which ,and blade
tentatively set for the pas-
;sage of an-:ordinance and •
such other action as.may be,
.deemed, necessary `to
`authorize the.issuence.of':
thcr City's,;certificates;.of
obligation,payable:from ad•
valorem'txatlon'endra limit=.
ed (m an;amount'not':to
exceed`$10 000)'subordi-7
nate pledge of certain rev'-:
enues;of,the:water:and
sewer system of the'City,in
the maximum aggregate
„`principal amount -of
'$,10,000 000;;bearing;inter-
est at any rate or:rates not•!°
to.exceed.the.maxini4n1
interest'.rate now or here-
after authorized by,law4as
shall be:determined1withitr ,ir
`the discretion of the City.'w;,
'•Council'`at'tha'time of
'iesuance'end maturing over ;
,-a period:of years;',not to •,
a exceed forty(40)•"years from
the date:thereof forthe pur-_'i
;``pose of•,evidencing'_the-
``Jridebtedness,of the:City to
;pay:all or`any_pert of•the '
"?.contractualobligations to.be •
'incurred.for.the construction
of publicworks end,the pur-`
chase:ofmaterial.s, sup-.;.
•
`plies equipment machin
ery, b.uildings,=land and.'
:rights-ofway:for_authorized
needs and purposes and for
the payment of contractual
"obligations for professional`:
services;to wit(I)the pur;.
chase of approximately 40:,:
;acres of land to ber.used for
a regional storm water,'
<detention-.facility to tie local-
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
• 2404 South Park
Pearland, Texas 77581
State of Texas
grazoria and Harris Counties
I, Liciyd Morrow, hereby certify that the notice hereby appended was published -
in THE REPORTER NEWS, a newspaper of general circulation in Brazoria, Harris and Galveston Counties, for / issues, as follows:
No 1 Date 29 20 12
No Date 20 •
No. Date • • 20
No. Date " • 20
No. • • Date • •• 20
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Subscilbe and sworn to before me this A, • day of
v.***
LAURA ANN-EMMONS
1-Arr • Notary Pablto.State of Texas
• CommiSsion Wires 09-09-21108
• 4404
Laura Ann ons, Publisher
Notary Public, State of Texas
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Rtiblished':,May 17,:ehd•
':.1+.,Ieli,24.„2006' .'•.'
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40TICE'OPINTENTION-.
:-t0eISSUECERTIFICATES
NOTICE IS HEREBY
.._ -,.,• , •. . .
GIVEN..that the,City,C,Ouncil.
b-flhe'•.:.0,ify•-•.cip.•Pearland,.
„_...... .
Texas-(the City") 'meet
• .— •. ,
detention facilitytb-belocat--
;at its regular meeting place
it,-.C.itY'7ktell; pairtand;. ed-infinbdietelY-lhOrth of
.
texaS.60:30:!ix.m.'on..the. • ,•'.Cleai',..Creekiand;:;agpro)(k"-••
. . .,....-..,,,....,. -_,,- •..,
12tli day'.,of June,•2006; ,-rnately,20001:feet4estofi
:whid!ii'tfle,tini6pncl,plapp: -Sfate,Highway;28,8;410Oldd-,Ii:
tentativelyYeet for the pas ing the construction of an
.sage,of on'OrdinanCe and „agproximately,290-aCrefoot•
'sdch-Other-act)pnas•May be storm water detention7stor-
deemed necessary to age facility,the construction
•.. ,. ,. •,„,, • • ,
adthorie.thifssuance of of Storrh-fieWe(.Phennel
-the,City',..i;cer,tificetet Of :faCilitieS fpf:,,drainage and
•
,. ‘... ..
•"•,obligation';fpaYeble,frem ed detention mitigation and
:iialoremiax'atfah•and elimil-• related::-.:stiidiesen.4•Site.
,..,,,...
ad (in ien?erhouni.:•net.to work for_suchjapilitiei;(ii)
'-..:eicCeed:-.:$10,609).adtiprdi.• IhO, oonlruOtiO Of:An-
- „ . _ ,
ilate,:.piecie-i_pfpertain-..reir. -apprpximately'230b,fOot,
—.
,.enyei.:0:thie,.w.?tqr- r_ld segnient-..... of Barry
Sewer,Systeni of the City,inRoeif,iughieRbadliorth-
the,maidinamaggregate east of Pearland.,katkway,.
• . ..— ....„ _.. .....
irfacjpar-, •ara9p0.- of -ihcldding:tbeCOrfati*liqh6f.,'.
$14,000,000,.bearing:inlet- .,bridga.,:.fepehhing"A.Clear
',est et.phy.ratei,or,rates,not 'Creeklo'be,bsed for such
•
• ,-, ...
to-e$Ceid.:ihe maximum• .Mad, (iii)prelimina 0-=..e...hgi- ..
intereat:rate.,"ripw or-here-. neering,serviais related,to
efte.".r.fidt,liOri#60;by,,iaw:•,as .certain', ,:trinaportefibif,-:'
!ehell,,bedeterhilned.':within ,'.dreinege,•pdPI(C,bililding
the discretion of he City and cityl park project be--',
Codnciiat ..the.•thhe of . dridertakenN.the';c0,:..apd•,
issuance OP maturing over (iv) p,rofe$ 1,oiia.1 services
a pdrioif-'cif yekre:rief'to, • . .
'tendered-in OnoeotiOrt,with
exceed fpftY44.0);yeare from the abeve:listeci prOjeote":
',.the,dateithereet,ftifthe pur-
,.. .
pose„cilf'.=lisyylencir4...-the.. ,WITNESS,JMY4AND',AND
.
indebtedness of the-City'ki THE 0FFICIA.L•SEAlpF:
...pay..'aii.or.,apy.p.aft;oijhe 'THE cur,'ttiisASth'day Cr
''pontractdat qbligationetci be May,2006.1. ..i.,--,.... '.„......,,...,..:.
, .
incurredlpr.the,Cqnstniotion . .., ..
,. ,
of pybli.PWirksW,the gut- :Is/Y.oungi-borfing;TIRMO,'.;-:•,,-• '
...chase:pf'peterialiaug7: City Secreteryi•-:. .---%:•••-,'-,--
,plies, eguiphianianechin7 'City,dfPeariandjexii,i., ,.• -,
.,.@ ,-buildip'g,s,land,and.-
::.rights;of4w.aSe,-for'iuthbrized
.
i:ne-eds-apci,p,49es,anci for
j1le.;,payilintOt'Pontractual
otitotrOna-for.,:.i*feiiimal ,
.services,-1o,.*:(1).tpq Rur-.
-.:chasp,of'approximately 40
-.bores btlanif tchieL'A'Aeci for
:riegiorial 'storm'Water-•
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