R2006-047 04-17-06
SEE RESOLUTION NO. 2006-36
RESOLUTION NO. R2006-47
RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION
TO ISSUE CERTIFICATES OF OBLIGATION IN A PRINCIPAL AMOUNT
NOT TO EXCEED $4,500,000 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 9
COUNTIES OF BRAZORIA AND HARRIS 9
CITY OF PEARLAND 9
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 certificates of obligation in a principal amount not to exceed
$4,500,000 styled "City of Pearl and, Texas Certificates of Obligation, Series 2006" (the
"Certificates") for the design, engineering, acquisition and construction of certain publ ic 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.
HOlJ2566527. ]
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.
2
IIOU2566527. 1
PASSED AND APPROVED this 17th day of April, 200n
~)rmJ ~
Mayor
City of Pearland, Texas
ATTEST:
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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 7:30 p.m. on the 8th
day of May, 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 $4,500,000, 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 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, and (ii) professional services rendered in connection with the above listed
projects.
WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY, this 18th day of
April, 2006.
HOLJ25665271
AFFIDAVIT OF PUBLICATION
The Pearl and 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 J issues, as follows:
No. / Date ~/1 20 (}c.
No. Date 20
No. Date 20
No. Date 20
No. Date 20
~~
CFO
Subscribe and sworn to before me this
day of~1
200t
Laura Ann Emmons, Publisher
Notary Public, State of Texas
AI en (S q t: t n TE/1 T:' 7D / ~ <; D .' r' l' T
NOTICE IS HEREBY
GIVEN that the City Council
of the City of Pearland,
Texas (the 'City") wUl meet
at its regular meeting place
at City Hall, Pearland,
Texas at 7:30 p.m. on the
8th day of May, 2006, which
is the time and pla'ce tenta-
tively 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 limit.
ed (in an amount not to
exceed $10,000) subordi-
nate pledge of certain rev-
enues of the water and
sewer system of the City, in
the maximum aggregate
principal amount of
$4,500,000, bearing interest
at any rate or rates, not to
exceed the maximum inter-
est 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 pur-
pose 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 pur-
chase of materials, sup-
plies; equipment, machin-
ery, 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 pur-
chase of 40 acres of land to
be used for a regional storm
water detention facility to be
located immediately north of
Clear Creek and approxi-
mately 2000 feet west of
State Highway 288, includ-
ing the construction of an
approximately 200-acre foot
storm water detention stor-
age facility, the construction
of storm sewer channel
facilities for drainage and
detention mitigation and
related studies and site
work for such facilities, 'and
(ii) professional services
rendered in connection with
the above listed projects.
Published April 19 , 2006
and April 26, 2006
tTICE OF INTENTION
-TO ISSUE CERTIFICATES
WITNESS MY HAND AND
THE OFFICIAL SEAL OF
THE CITY, this 17th day of
April, 2006.
Is! Young Lorfing, TRMC
City Secretary
City of Peariand, Texas
AFFIDAVIT OF PUBLICATION
The Pearl and 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 I issues, as follows:
No. / Date '!,Z-G 20 a:;,
No. Date 20
No. Date 20
No. Date 20
No. Date 20
d!4~
CFO
Subscribe and sworn to before me this
c17
day oq"-:{<j
Q
20~
-------
Laura Ann Emmons, Publisher
Notary Public, State of Texas
j(/ /
"
Published April 19, 2006
and April 26, 2006
/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, Peartand, Texas
at 7:30 p.m. on the 8th day
of May, 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 certifi-
cates of obligation, payable
from ad valorem taxation
and a limited (in an amount
not to exceed $10,000) sub-
ordinate pledge of certain
revenues of the water and
sewer system of the City, in
the maximum aggregate
principal amount of
$4,500,000, bearing interest
at any rate or rates, not to
exceed the maximum inter-
est 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 indebted-
ness 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, equip-
ment, machinery, buildings,
land and rights-of-way for
authorized needs and pur-
poses and for the payment
of contractual obligations for
professional services, to w~
(i) the purchase of 40 acres
of land to be used for a
regional storm water deten-
tion facility to be located
immediately north of Clear
Creek and approximately
2000 feet west of State
Highway 288, including the
construction of an approxi-
mately 200-acre foot storm
water detention storage
facility, the construction of
storm sewer channel facili-
ties for drainage and deten-
tion mitigation and related
studies and site work for
such facilities, and (ii) pro-
fessional services rendered
in connection with the above
listed projects.
WITNESS MY HAND AND
THE OFFICIAL SEAL OF
THE CITY, this 17th day of
April, 2006.
Is! Young Lorfing, TRMC
City Secretary
City of Peartand, Texas