Ord. 0916 07-26-99ORDINANCE NO. 916
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO
ISSUE CITY OF PEARLAND, TEXAS WATER AND SEWER SYSTEM
REVENUE BONDS, SERIES 1999, IN A PRINCIPAL AMOUNT NOT TO
EXCEED $8,000,000 FOR THE PURPOSE OF CONSTRUCTING
IMPROVEMENTS, ADDITIONS AND EXTENSIONS TO THE CITY'S
WATERAND SANITARY SEWER SYSTEM AND AUTHORIZING CERTAIN
OTHER MATTERS RELATING THERETO; AND DECLARING AN
EMERGENCY BECAUSE THE NEED TO FUND NECESSARY WATER
AND SEWER PROJECTS INURES TO THE BENEFIT OF THE PUBLIC
AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY
AND WELFARE OF THE CITIZENRY.
WHEREAS, the City Council (the "City Council") of the City of Pearland, Texas (the
"City"), is authorized to issue its water and sewer revenue bonds to pay, among other
things, certain costs to be incurred for the construction of improvements, additions and
extensions to the City's water and sanitary sewer system (the "System"), and for
professional services rendered in connection therewith pursuant to the Constitution and
laws of the State of Texas, particularly Articles 1111 to 1118, Vernon's Texas Civil
Statutes, as amended (effective September 1, 1999 Article 1111 to 1118 will codified as
Chapter 1502, Texas government Code); and
WHEREAS, the City Council has determined that it is in the best interests of the
City and otherwise desirable to issue water and sewer revenue bonds in a principal
amount not to exceed $8,000,000 styled "City of Pearland, Texas Water and Sewer
System Revenue Bonds, Series 1999" (the "Bonds"), payable solely from the net revenues
of the System, for the construction of improvements, additions and extensions to the
System, including particularly design, construction and property acquisition associated with
certain new water and sewer lines at certain locations in the City and a new pump station,
storage facility and related facilities located near FM 521 and Clear Creek; and
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ORDINANCE NO. 916
WHEREAS, in connection with the Bonds, the City Council intends to publish notice
of intent to issue the Bonds (the "Notice") in a newspaper of general circulation in the City;
and
WHEREAS, this 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; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. Preamble. The facts and recitations contained in the preamble of this
Ordinance 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 in English 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 Bonds.
Section 3. 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 Ordinance.
Section 4. Declaration of Emergency. The Council finds and determines that
the need to fund necessary water and sewer projects inures to the benefit of the public
and, therefore, bears directly upon the health, safety and welfare of the citizenry; and that
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ORDINANCE NO. 916
this Ordinance shall be adopted as an emergency measure, and that the rule requiring
this Ordinance to be read on two (2) separate occasions be, and the same is hereby
waived.
Section 5. Effective Date. This Ordinance shall take effect immediately upon
passage.
Section 6. Public Meeting. It is officially found, determined and declared that
the meeting at which this Ordinance 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 Ordinance, was given all as required by the Texas Government
Code, Chapter 551, as amended.
PASSED and APPROVED on First and Only Reading this the aoh day of
, A.D., 1999.
ATTEST:
PPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
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EXHIBIT A TO ORDINANCE
NOTICE OF INTENTION TO ISSUE BONDS
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 23rd day of August, 1999, 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 Water and Sewer System Revenue Bonds, Series 1999 payable
solely from a pledge of the net revenues of the City's water and sewer system, in the
maximum aggregate principal amount of $8,000,000, bearing interest at any rate or rates,
not to exceed a maximum interest rate of 15%, 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 be incurred for the construction of improvements, additions and
extensions to the City's water and sanitary sewer system, including particularly the design,
construction and property acquisition associated with certain new water and sewer lines
at certain locations in the City and a new pump station, storage facility and related facilities
located near FM 521 and Clear Creek, and authorizing certain other matters relating
thereto.
TN
WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY, this AV —day of
July, 1999.
(SEAL)
CERTIFICATE FOR ORDINANCE
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 26th day of July, 1999, at
the regular meeting place thereof, 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 Mayor
Larry Wilkins Council Member
A Richard Tctcn3 Couh.cil Mcmbcr
William Berger Council Member
Klaus Seeger Council Member
A ILkn B.3ektraa. Council Member
Glen Erwin City Manager
Young Lorfing City Secretary
and all of such persons were present, thus constituting a quorum. Whereupon, among other business, the
following was transacted at such meeting: a written
ORDINANCE AUTHORIZING PUBLICATION OF NOTICE OF INTENTION
TO ISSUE CITY OF PEARLAND, TEXAS WATER AND SEWER SYSTEM
REVENUE BONDS, SERIES 1999, IN A PRINCIPAL AMOUNT NOT TO
EXCEED $8,000,000 FOR THE PURPOSE OF CONSTRUCTING
IMPROVEMENTS, ADDITIONS AND EXTENSIONS TO THE CITY'S
WATER AND SANITARY SEWER SYSTEM AND AUTHORIZING
CERTAIN OTHER MATTERS RELATING THERETO
(the "Ordinance") was duly introduced for the consideration of the City Council and read in full. It was
then duly moved and seconded that such Ordinance be adopted; and, after due discussion, the motion,
carrying with it the adoption of the Ordinance, prevailed and carried by the following vote:
3 AYES t7 NOES
2. That a true, full and correct copy of the aforesaid 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 the meeting; that the above and foregoing paragraph is a
true, full and correct excerpt from the City Council's minutes of the 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 purpose of the aforesaid meeting, and that the Ordinance would be introduced and
considered for adoption at the meeting, and each of the officers and members consented, in advance, to
the holding of such meeting for such purpose; that the meeting was open to the public as required by law;
and that public notice of the date, hour, place and subject ofthe meeting was given as required by the Open
Meetings Law, Chapter 551, Texas Government Code, as amended.
SIGNED AND SEALED thig/0 -day of July, 1999.
(SEAL)
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Mayor
City of Pearland, Texas