R2003-0061 04-14-03RESOLUTION NO. ~17201lc3~11~
RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION
TO ISSUE CERTIFICATES OF OBLIGATION IN A PRINCIPAL AMOUNT
NOT TO EXCEED $20,100,000 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
MATTERS RELATING THERETO
STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
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 Subehapter 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
$20,100,000 styled "City of Pearland, Texas Certificates of Obligation, Series 2003" (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 f'mds that the form and substance thereof are satisfactory, and that the recitals
and £mdings 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 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 L.L.P., 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. Effective Date. This Resolution shall take effect immediately upon
passage.
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, Chapt~er 551, as amended.
2
PASSED AND APPROVED this 14th day of Apri 1 ,2003.
ffJty of P6drland, TeXas
Mayor
City of Pearland, Texas
(SEAL)
CERTIFICATE FOR RESOLUTION
STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
We, 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 the 14th day of
April, 2003, at the regular meeting place thereo£ within the City, and the roll was called of the
duly constituted officers and members of the City Council and the City Secretary, to wit:
Tom Reid
Richard F. Tetens
Klaus Seeger
Charles Viktorin
Larry R. Marcott
Woodrow "Woody" Owens
Young Lorfmg
Mayor
Council Member
Council Member
Council Member
Council Member
Mayor Pro Tem
City Secretary
and all of such persons were present except #/^ , thus
constituting a quorum. Whereupon, among other business, the following was transacted at such
meeting: a written
RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION
TO ISSUE CERTIFICATES OF OBLIGATION IN A PRINCIPAL AMOUNT
NOT TO EXCEED $20,100,000 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
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 such Resolution be adopted; and, after due discussion,
the motion, carrying with it the adoption of the Resolution, prevailed and carded by the
following vote:
AYES § NOES 0 ABSTENTIONS 0
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 meeting was given as required
by the Open Meetings Law, Chapter 551, Texas Government Code.
SIGNED AND SEALED this 14th day of
April ,2003.
yof PP.~land, Texatst
Mayor
City of Pearland, Texas
(SEAL)
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
12th day of May, 2003, 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 $20,100,000, 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) certain City-wide road and drainage
projects and improvements incident thereto; (ii) City-wide water meter replacement; (iii) the
purchase and refurbishment of certain equipment including a Gradall vehicle, fire truck and
ambulance; (iv) certain improvements at Independence Park located at 3919 Liberty, Pearland,
Texas 77581; (v) certain improvements and acquisitions associated with an expansion to the
City's service center located at 3509 Orange Street in Pearland, Texas, and the purchase of
equipment related thereto; and (vi) professional services rendered in connection with the above
listed projects.
WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY, this 14th day of
April 2003.
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tyof P6drland, Texa~
HOU:2148330.2