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HomeMy WebLinkAboutR2026-058 20260323RESOLUTION NO. R2026-58 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 Council of the City of Pearland (the “City”) desires to finance the costs of acquiring, constructing, reconstruction and/or equipping certain public facilities and improvements, as provided in Exhibit A attached hereto and incorporated herein (the “Project”); WHEREAS, the City intends to finance the acquisition, construction, reconstruction and/or equipping of the Project or portions of the Project with the proceeds of the sale of obligations the interest upon which is excluded from gross income for federal income tax purposes (the “Obligations”); and WHEREAS, prior to the issuance of the Obligations the City desires to incur certain capital expenditures (the “Expenditures”) with respect to the Project from available moneys of the City; WHEREAS, the City Council has determined that those moneys to be advanced on and after the date hereof to pay the Expenditures are available only for a temporary period and it is necessary to reimburse the City for the Expenditures from the proceeds of the Obligations; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. The City hereby states its intention and reasonably expects to reimburse costs of the Project incurred prior to the issuance of the Obligations with proceeds of the Obligations. Exhibit A describes the general character, type, purpose, and function of the Project. Section 2. The reasonably expected maximum principal amount of the Obligations is $10,000,000. Section 3. This resolution is being adopted no later than 60 days after the date on which the City will expend moneys for the portion of the Project costs to be reimbursed from proceeds of the Obligations. Docusign Envelope ID: EEBC1FBB-4F8E-4B06-ADEC-12345C38EF9F RESOLUTION NO. R2026-58 2 Section 4. The City will make a reimbursement allocation, which is a written allocation that evidences the City's use of proceeds of the Obligations to reimburse an Expenditure, no later than 18 months after the later of the date on which the Expenditure is paid or the Project is placed in service or abandoned, but in no event more than three years after the date on which the Expenditure is paid. Section 5. Proceeds of the Obligations to be used to reimburse for Project costs are not expected to be used, within one year of reimbursement, directly or indirectly to pay debt service with respect to any obligation (other than to pay current debt service coming due within the next succeeding one year period on any tax-exempt obligation of the City (other than the Obligations)) or to be held as a reasonably required reserve or replacement fund with respect to an obligation of the City or any entity related in any manner to the City, or to reimburse any expenditure that was originally paid with the proceeds of any obligation, or to replace funds that are or will be used in such manner. Section 6. This resolution is adopted as official action of the City in order to comply with Treasury Regulation §1.150-2 and any other regulations of the Internal Revenue Service relating to the qualification for reimbursement of City expenditures incurred prior to the date of issue of the Obligations. Section 7. All the recitals in this Resolution are true and correct and this City Council so finds, determines and represents. PASSED, APPROVED and ADOPTED this the 23rd day of March, A.D., 2026. ________________________________ J. KEVIN COLE MAYOR Docusign Envelope ID: EEBC1FBB-4F8E-4B06-ADEC-12345C38EF9F RESOLUTION NO. R2026-58 3 ATTEST: ________________________________ FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: ______________________________ LAWRENCE G. PROVINS CITY ATTORNEY Docusign Envelope ID: EEBC1FBB-4F8E-4B06-ADEC-12345C38EF9F RESOLUTION NO. R2026-58 4 EXHIBIT A The City of Pearland plans to construct the following projects: (i) Sportsplex Improvements & Trails (PK2702), (ii) Parks Land Acquisition (PK2703), (iii) Bridge Replacement - Kingsley Drive at Clear Creek (TR2605), and (iv) Broadway Street Expansion (Kirby Drive to Half Moon Bay) (TR2606). The total cost of these projects is expected to be approximately $34,000,000, including related architectural, engineering, and project management costs, and expenditures for furniture, fixtures, equipment and other costs associated therewith. Docusign Envelope ID: EEBC1FBB-4F8E-4B06-ADEC-12345C38EF9F EXHIBIT A Desctiption of Expenditures to be Reimbursed Debt Type Bond Maturity (Years) Project Name Expect to Reimburse Certificates of Obligation 15 PK2702 - Sportsplex Improvements & Trails 10,000,000 Certificates of Obligation 20 PK2703 - Parks Land Acquisition 12,000,000 Certificates of Obligation 10 TR2605 - Bridge Replacement - Kingsley Drive at Clear Creek 4,000,000 Certificates of Obligation 15 TR2606 - Broadway Street Expansion (Kirby Drive to Half Moon Bay) 8,000,000 TIRZ Reimbursable Certificates of Obligation - Total 34,000,000 Total 34,000,000