Ord. 1641 2024-08-26 CERTIFICATE FOR ORDINANCE NO 1641
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 August 26, 2024,
at the regular meeting place thereof, within the District, 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 except Councilmember Chavarria thus constituting a
quorum Whereupon, among other business, the following was transacted at said meeting a
written
ORDINANCE RATIFYING AND CONFIRMING THE CITY'S AUTHORIZATION OF THE
ISSUANCE OF CITY OF PEARLAND, TEXAS CERTIFICATES OF OBLIGATION, SERIES
2024A AND RATIFYING AND CONFIRMING THE PUBLICATION OF A REVISED NOTICE OF
AN INTENT TO ISSUE CERTIFICATES OF OBLIGATION, AND DECLARING AN
EMERGENCY
(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,
such motion, carrying with it the adoption of the Ordinance, prevailed and carried by the
following vote
AYES 6 NAYS 0 ABSTENTIONS 1
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 certificate, that
the Ordinance 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 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 sufficiently 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
considered for adoption at such meeting, and each of such officers and members consented, in
advance, to the holding of such meeting for such purpose, that such meeting was open to the
public as required by law; and that public notice of the date, hour, place and subject of such
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meeting was given as required by the Open Meetings Law, Chapter 551, Texas Government
Code
SIGNED AND SEALED this August 26, 2024
a 07‘
City Sec tary M- •
CITY OF PEARLAND, TE S • OF PEARLAND, TEXAS
(SEAL)
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ORDINANCE NO. 1641
An Ordinance of the City Council of the City of Pearland, Texas, ratifying and confirming
the City's authorization of the issuance of City of Pearland, Texas Certificates of
Obligation, Series 2024A and ratifying and confirming the publication of a revised notice
of an intent to issue Certificates of Obligation, and declaring an emergency
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS
ARTICLE I.
FINDINGS AND DETERMINATIONS
Section 1 1 Findings and Determinations The City Council hereby officially finds and
determines that:
(a) The City of Pearland, Texas (the "City"), acting through its City Council, is
authorized pursuant to and in accordance with the provisions of Texas Local Government Code,
Chapter 271, Subchapter C, as amended (the "Act"), to issue certificates of obligation to provide
all or part of the funds to pay 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, repairs and improvements to the Hillhouse
Road Annex Project including repairs to the existing traffic division building and construction and
improvements to a vehicle fleet building and a parks maintenance building, (ii) construction and
improvements to a public safety training complex; (iii) drainage improvements to the West Lea
subdivision, (iv) certain street and road repairs and related drainage improvements within the
City; (v) construction and improvements to Shadow Creek Parkway and other streets and roads
within Shadow Creek Ranch, and (vi) professional services rendered in connection with the
above listed projects
(b) Pursuant to a resolution of the City approved on June 10, 2024, the City Council
authorized the publication of a notice of intention to issue Certificates of Obligation, Series
2024A (the "Certificates") to the effect that the City Council was tentatively scheduled to meet at
6 30 p m on August 12, 2024, at its regular meeting place to adopt an ordinance authorizing the
issuance of the Certificates to be payable from (i) an ad valorem tax levied, within the limits
prescribed by law, on the taxable property located within the City, and (ii) the revenues to be
derived from the City's water and sewer system (the "System") after the payment of all operation
and maintenance expenses thereof (the "Net Revenues") in an amount not to exceed $10,000,
to the extent that ad valorem taxes are ever insufficient or unavailable for such purposes,
provided that the pledge of Net Revenues is and shall be junior and subordinate in all respects
to the pledge of Net Revenues to the payment of any obligation of the City, whether authorized
heretofore or hereafter, which the City designates as having a pledge senior to the pledge of the
Net Revenues to the payment of the Certificates
(c) Such notice was published on June 26, 2024
(d) On August 12, 2024, the City Council adopted an Ordinance Authorizing the
Issuance of the City of Pearland, Texas Certificates of Obligation, Series 2024A (the "Series
2024A Ordinance")
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(e) No petition signed by at least five percent (5%) of the qualified voters of the City
was filed with or presented to any official of the City protesting the issuance of such Certificates
on or before August 12, 2024, the date of passage of Series 2024A Ordinance
(f) On August 21, 2024, to comply with certain statutory requirements related to the
issuance of the Certificates, the City published a revised notice of intent to issue Certificates of
Obligation, Series 2024A (the "Revised Notice")
(g) No petition signed by at least five percent (5%) of the qualified voters of the City
has been filed with or presented to any official of the City protesting the issuance of such
Certificates on or before August 26, 2024, the date of this ordinance
(h) The City Council now wishes to ratify and confirm the adoption of the Series
2024A Ordinance and the publication of the Revised Notice
(i) The City has determined that it is in the best interest of the City and that it is
otherwise desirable to issue the Certificates to provide all or part of the funds to pay contractual
obligations to be incurred for the purposes authorized by the Act.
ARTICLE II.
RATIFICATION AND CONFIRMATION
Section 2.1 Ratification of Series 2024A Ordinance The City Council's adoption of
the Series 2024A Ordinance and the issuance of the Certificates designated as the "City of
Pearland, Texas Certificates of Obligation, Series 2024A," in the original principal amount of
$24,105,000 are hereby ratified and confirmed.
Section 2.2 Publication of Revised Notice. The publication of the Revised Notice and
all actions of the City Secretary, the Assistant City Manager and other employees and agents of
the City related to the publication of the Revised Notice are hereby ratified and confirmed
Section 2.3 Further Proceedings The Mayor, Mayor Pro Tern, City Secretary, Deputy
City Secretary, Chief Financial Officer, City Manager, the Assistant City Manager 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 of this Ordinance and the issuance of the
Certificates
Section 2.4 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
Section 2.5 Power to Revise Form of Documents Notwithstanding any other
provision of this Ordinance, the Mayor or Mayor Pro Tem is hereby authorized to make or
approve such revisions, additions, deletions, and variations to this Ordinance in the judgment of
the Mayor or Mayor Pro Tern, and in the opinion of Certificate Counsel to the City, may be
necessary or convenient to carry out or assist in carrying out the purposes of this Ordinance, or
as may be required for approval of the Certificates by the Attorney General of Texas, provided,
however, that any changes to such documents resulting in substantive amendments to the
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terms and conditions of the Certificates or such documents shall be subject to the prior approval
of the City Council
Section 2.6 Open Meeting It is hereby found, determined and declared that a
sufficient written notice of the date, hour, place and subject of the meeting of the City Council at
which this Ordinance was adopted was posted at a place convenient and readily accessible at
all times to the general public at City Hall for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government Code, and that this
meeting has been open to the public as required by law at all times during which this Ordinance
and the subject matter thereof has been discussed, considered and formally acted upon The
City Council further ratifies, approves and confirms such written notice and the contents and
posting thereof
Section 2 7 Repealed All orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are hereby repealed to the extent of such inconsistency
Section 2.8 Declaration of Emergency It is hereby officially found and determined
that a case of emergency and urgent public necessity exists that requires that this Ordinance be
passed finally and take effect immediately on the date of its introduction, such emergency and
urgent public necessity being that the proceeds from the sale of the Certificates are required as
soon as possible and without delay for the purposes set forth herein
Section 2.9 No Personal Liability No recourse shall be had for payment of the
principal of or interest on any Certificates or for any claim based thereon, or on this Ordinance,
against any official or employee of the City or any person executing any Certificates
Section 2.10• Effective Date This Ordinance shall be in force and effect from and after
its passage on the date shown below
[signature page follows]
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PASSED and APPROVED ON FIRST AND ONLY READING this the 26th day of August, A. D ,
2024
C r
J •+' N COLE
vVOR
ATTEST
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FRA CES AGUILAR, T , MMC . QP��AN T,
CITY ECRETARY ?C�;'
APPROVED AS TO FORM •
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DARRIN M COKER
CITY ATTORNEY
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