R78-06 02-27-78%`\
1
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
The City Council of the City of Pearland, Texas, convened
in regular meeting, open to the public, on the 27th day of
February, 1978, at the City Hall, and the roll was called of ''the
duly constituted officers and members of the City Council and.
the City Secretary of the City, to -wit:
Carlton McComb
Dennis Frauenberger
Harry Farley
Terry Gray
Morris S. Wilson
(Vacancy)
Dorothy L. Cook
Mayor
Councilman
Councilman
Councilman
Councilman
Councilman
City Secretary
and all of said persons were present, except the following ab-
sentees:
b-sentees: No r✓
thus constituting a quorum. Whereupon, among other business;
the following was transacted at said meeting: a written reso
lution entitled:
RESOLUTION AUTHORIZING PUBLICATION OF NOTICE
TO BIDDERS AND NOTICE OF INTENTION TO ISSUE
$465,000 CITY OF PEARLAND, TEXAS, CERTIFICATES
OF OBLIGATION, SERIES 1978
(the "Resolution") was duly introduced for the consideration
of the City Council and reviewed in full. It was then duly
moved and seconded that the Resolution be passed; and, after
due discussion, the motion, carrying with it the passage of
the Resolution, prevailed and carried by the following vote:,
AYES: All members of the City Council shown
present above voted "Aye".
NOES: None.
The Mayor thereupon announced that the Resolution had been duly
and lawfully adopted, The Resolution thus adopted follows:
RESOLUTION NO. R78-6
RESOLUTION AUTHORIZING PUBLICATION OF NOTICE
TO BIDDERS AND NOTICE OF INTENTION TO ISSUE
$465,000 CITY OF PEARLAND, TEXAS, CERTIFICATES
OF OBLIGATION, SERIES 1978
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
WHEREAS, the City Council of the CITY OF PEARLAND, TEXAS
(the "City"), deems it advisable to issue Certificates of
Obligation of the City In accordance with the notice herein-
after set forth;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PEARLAND, TEXAS THAT:
Section 1. The facts and recitations contained in the
preamble of this resolution are hereby found and declared to
be true and correct.
Section 2. The City Secretary is hereby authorized and
directed to cause to be published in the manner required by
law a notice of intention to issue Certificates of Obligation
in substantially the following form:
NOTICE TO BIDDERS AND NOTICE OF INTENTION
TO ISSUE CERTIFICATES OF OBLIGATION
NOTICE IS HEREBY GIVEN that sealed proposals (hereinafter
sometimes called "bids") addressed to the Mayor and City Council
of the City of Pearland, Texas (the "City"), will be received
at a meeting of the City Council in the City Hall, City of
Pearland, Brazoria and Harris Counties, Texas, until 7:30
March 27, 1978, at which time and place they will be publicly
opened and read aloud, for furnishing all labor, materials,
supplies, machinery, equipment, insurance, tools and superinten-
dence for constructing and equipping public works for the City,
to -wit: (1) swimming pools and appurtenances, and (2) a munici-
pal equipment maintenance and storage building, sometimes called
a "City Service Center"; and the City Council tentatively pro-
poses to let a contract, or contracts, for such construction
and equipment, and to authorize issuance of Certificates of
Obligation, in accordance with the terms and provisions of this
Notice at such meeting or at a subsequent meeting of the City
Council in said City Hall.
Bids received after said closing time will be returned
unopened. A cashier's check or certified check, drawn on a
bank acceptable to the City and made payable to the City, or a
bidder's bond issued by a surety company duly licensed in the
State of Texas, in an amount equal to not less than five per-
cent (5%) of the largest possible total of the bids submitted,
including alternates, must accompany each bid, as a guaranty
that the successful bidder will enter into a contract and exe-
cute bonds and guaranties on the terms provided herein, and in
the contract documents, plans and specifications, within ten
(10) days after notice of award of contract. Such checks or
bidder's bonds will be returned to bidders within five (5) days
after opening of bids, except that such checks or bidder's bonds
of the acceptable bidders submitting the three lowest bids will
be returned to said bidders within twenty-four (24) hours after
final execution of contract.
The successful bidder must furnish performance bond and
payment bond on the forms furnished with such contract docu-
ments, each in the full amount of the contract price and
issued by a surety company authorized to do business in this
State in accordance with the provisions of Article 5160,
Revised Civil Statutes of Texas, 1925, as amended.
In conformity with applicable law, the general prevailing
wage rates in the locality in which the work is to be performed
have been ascertained and such rates shall be the minimum paid
for labor employed on this project.
Bidders are expected to inspect the site of the work and
to inform themselves regarding all local conditions.
Copies of contract documents, plans and specifications
are on file at the office of the City Manager in the City Hall
of the City and may be examined there without charge, or may be
obtained there by prospective bidders or suppliers upon payment
of Ten Dollars ($10.00) for each set thereof, checks to be made
payable to the City. Such payments will be refunded to actual
bidders upon the return of such materials in good condition
within five (5) days after opening of bids.
This Notice shall be and constitute a part of the said
contract documents, plans and specifications.
No such bids may be withdrawn after the scheduled closing
time for receipt of bids and for thirty (30) days thereafter.
The City reserves the right to accept any bid deemed most ad-
vantageous to it, including alternates, to reject any and all
bids, and to waive any informality. In case of ambiguity or
lack of clearness in the statement of prices in each proposal,
the City reserves the right to adopt prices written in words,
or to reject the proposal.
It is the intention of the City to pay all or any part of
any contractual obligation to be incurred for such construction
and equipment, including contractual obligations for profes-
sional services in connection therewith, by the issuance of
Certificates of Obligation of the City, payable from City
ad valorem taxes, in the maximum aggregate principal amount of
$465,000, bearing interest at a rate not in excess of that pre-
scribed by Article 717k-2, V.T.C.S., as amended, and maturing
over a period of years not to exceed 20 years from the date
thereof, for the purpose of evidencing the indebtedness of the
City for all or any part of the cost of such construction and
equipment, including the cost of professional services incurred
in connection therewith; and the successful bidder or bidders
will be required to accept such Certificates in payment of all
or any portion of the contract price, or prices.
The City Council has made provision for each contractor
(successful bidder) to sell and assign such Certificat&s of
Obligation to another at par and without discount, and with no
exchange or collection charges to such contractor, and each
bidder is required (at the time of the receipt of bids by the
City Council) to elect whether he will accept such Certificates
in payment of all or a part of the contract price, or prices; or
assign such Certificates in accordance with such arrangements.
WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY, this
27th day of February, 1978.
City Secretary
CITY OF PEARLA TEXAS
(SEAL)
r..,
Section 3. The notice set forth in Section 2 above shall
be published once a week for two (2) consecutive weeks in a
newspaper which is of general circulation in the City and which
is the official newspaper thereof, the date of the first publi-
cation to be not less than fourteen (14) days prior to the date
tentatively set in said notice for the passage of the ordinance
authorizing the issuance of such Certificates of Obligation.
Section 4. The Mayor, City Secretary, and other officers
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 5. This resolution shall take effect immediately
upon its passage.
Section 6. It is hereby officially found and determined
that the need of the City for such financing creates an emer-
gency and an urgent public necessity for the holding, at the
scheduled time, of the meeting of the City Council at which
this resolution is adopted and for the adoption of this resolu-
tion; and the NOTICE OF MEETING relating to said meeting and
heretofore posted by the City Secretary, and the posting
thereof, are hereby authorized, approved, and ratified.
PASSED AND APPROVED this 27th day of February, 1978.
ATTEST:
City Secreta
CITY OF PEA AND, TEXAS
au\ine-
T
IG'or
C Y OFPEARLA'QD , TEXAS
(SEAL)
J
_--- (
•
CERTIFICATE FOR RESOLUTION AUTHORIZING
PUBLICATION OF NOTICE TO BIDDERS AND NOTICE
OF INTENTION TO ISSUE $465,000 CITY OF PEARLAND,
TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1978
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
We, the undersigned officers of the CITY OF PEARLAND,
TEXAS (the "City" ) , do hereby certify as follows :
1 . That we are the duly chosen, qualified and acting -
officers of the City for the offices shown below our signatures
and that as such we are familiar with the facts herein certified.
2 . That there is attached to and follows this certificate
an excerpt of proceedings from the minutes of a meeting of the
City Council of the City (the "City Council") which is a true,
full and complete excerpt of all proceedings from the minutes of
the City Council pertaining to the adoption of the resolution de-
scribed therein; and that the persons named in such excerpt as
the officers and members of the City Council or as officers of
the City are the duly chosen, qualified and acting officers and
members as indicated therein.
. 3 . That a true and complete copy of the resolution (the
"Resolution") , as adopted at the meeting described in such excerpt
from the minutes , is attached to and follows such excerpt .
4 . That the Resolution has been duly and lawfully adopted
by the City Council and that the Mayor of the City has approved,
and hereby approves , the Resolution; that the Mayor and the City
Secretary of the City have duly signed and attested the Resolution
and each, respectively, hereby declares that the signing of this
certificate shall also constitute the signing of the Resolution
for all purposes; and that the Resolution, as signed, has been
duly recorded in the minutes of the City Council for such meeting.
5 . That each of the officers and members of the City
Council was duly and sufficiently notified officially and per-
sonally, in advance, of the date, hour, place and subject of
such meeting of the City Council, and that the Resolution would
be introduced and considered for passage at such meeting, and
each of such officers and members consented, in advance , to the
holding of such meeting to consider and act upon such subject .
6 . That written notice of the meeting of the City Council
described in the excerpt from the minutes was posted in the form
and manner required by law; and that such meeting was open to the
public as required by law at all times during which the Resolution
and the subject matter thereof were discussed, considered and
formally acted upon, all as required by the Open Meetings Act ,
Article 6252-17, Vernon' s Texas Civil Statutes , as amended.
SIGNED AND SEALED this 27th day of February, 1978 .
)(‘
City Syletary Mayor
(SEAL)
1
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
The City Council of the City of Pearland, Texas , convened
in regular meeting, open to the public, on the 27th day of
February, 1978, at the City Hall, and the roll was called of the
duly constituted officers and members of the City Council and
the City Secretary of the City, to-wit :
Carlton McComb Mayor
Dennis Frauenberger Councilman
Harry Farley Councilman
Terry Gray Councilman
Morris S . Wilson Councilman
(Vacancy) Councilman
Dorothy L. Cook City Secretary
and all of said persons were present , except the following ab-
sentees : Noll
thus constituting a quorum. Whereupon, among other business ,
the following was transacted at said meeting : a written reso-
lution entitled:
RESOLUTION AUTHORIZING PUBLICATION OF NOTICE
TO BIDDERS AND NOTICE OF INTENTION TO ISSUE
$465, 000 CITY OF PEARLAND, TEXAS, CERTIFICATES
OF OBLIGATION, SERIES 1978
(the "Resolution") was duly introduced for the consideration
of the City Council and reviewed in full . It was then duly
moved and seconded that the Resolution be passed; and, after
due discussion, the motion, carrying with it the passage of
the Resolution, prevailed and carried by the following vote :
AYES : All members of the City Council shown
present above voted "Aye" .
NOES : None .
The Mayor thereupon announced that the Resolution had been duly
and lawfully adopted. The Resolution thus adopted follows :
RESOLUTION AUTHORIZING PUBLICATION OF NOTICE
TO BIDDERS AND NOTICE OF INTENTION TO ISSUE
$465,000 CITY OF PEARLAND, TEXAS , CERTIFICATES
OF OBLIGATION, SERIES 1978
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
WHEREAS, the City Council of the CITY OF PEARLAND, TEXAS
(the "City") , deems it advisable to issue Certificates of
Obligation of the City in accordance with the notice herein-
after set forth;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PEARLAND, TEXAS THAT:
Section 1 . The facts and recitations contained in the
preamble of this resolution are hereby found and declared to
be true and correct .
Section 2 . The City Secretary is hereby authorized and
directed to cause to be published in the manner required by
law a notice of intention to issue Certificates of Obligation
in substantially the following form:
•
NOTICE TO BIDDERS AND NOTICE OF INTENTION
TO ISSUE CERTIFICATES OF OBLIGATION
NOTICE IS HEREBY GIVEN that sealed proposals (hereinafter
sometimes called "bids") addressed to ' the Mayor and City Council
of the City of Pearland, Texas (the "City" ) , will be received
at a meeting of the City Council in the City Hall, City of
Pearland, Brazoria and Harris Counties , Texas , until 7 : 30 p .m. ,
March 27, 1978, at which time and place they will be publicly
opened and read aloud, for furnishing all labor, materials ,
supplies , machinery, equipment , insurance, tools and superinten-
dence for constructing and equipping public works for the City,
to-wit : (1) swimming pools and appurtenances, and (2). a munici-
pal equipment maintenance and storage building, sometimes called
a "City Service Center" ; and the City Council tentatively pro-
poses to let a contract , or contracts , for such construction
and equipment, and to authorize issuance of Certificates of
Obligation, in accordance with the terms and provisions of this
Notice at such meeting or at a subsequent meeting of the City
Council in said City Hall . -
Bids received after said closing time will be returned
unopened. A cashier' s check or certified check, drawn on a
bank acceptable to the City and made payable to the City, or a
bidder ' s bond issued by a surety company duly licensed in the
State of Texas , in an amount equal to not less than five per-
cent (5%) of the largest possible total of the bids submitted,
including alternates , must accompany each bid, as a guaranty
that the successful bidder will enter into a contract and exe-
cute bonds and guaranties on the terms provided herein, and in
the contract documents , plans and specifications , within ten
(10) days after notice of award of contract . Such checks or
bidder' s bonds will be returned to bidders within five (5) days
after opening of bids , except that such checks or bidder ' s bonds
of the acceptable bidders submitting the three lowest bids will-
be returned to said bidders within twenty-four (24 ) hours after
final execution of contract .
The successful bidder must furnish performance bond and
payment bond on the forms furnished with such contract docu-
ments , each in the full amount of the contract price and
issued by a surety company authorized to do business in this
State in accordance with the provisions of Article 5160 ,
Revised Civil Statutes of. Texas , 1925, as amended.
In conformity with applicable law, the general prevailing
wage rates in the locality in which the work is to be performed
have been ascertained and such rates shall be the minimum paid
for labor employed on this project .
• Bidders are expected to inspect the site of the work and
to inform themselves regarding all local conditions .
Copies of contract documents , plans and specifications
are on file at the office of the City Manager in the City Hall
of the City and may be examined there without charge, or may be
obtained there by prospective bidders or suppliers upon payment
of Ten Dollars ($10 .00 ) for each set thereof, checks to be made
payable to the City . Such payments will ,be refunded to actual
bidders upon the return of such materials in good condition
within five (5) days after opening of bids .
This Notice shall be and constitute a part of the said
contract documents , plans and specifications .
No such bids may be withdrawn after the scheduled closing
time for receipt of bids and for thirty (30 ) days thereafter.
The City reserves the right to accept any bid deemed most ad-
vantageous to it, including alternates, to reject any and all
bids, and to waive any informality . In case of ambiguity or
lack of clearness in the statement of prices in each proposal,
the City reserves the right to adopt prices written in words ,
or to reject the proposal .
It is the intention of the City to pay all or any part of
any contractual obligation to be incurred for such construction
and equipment , including contractual obligations for profes-
sional services in connection therewith, by the issuance of
Certificates of Obligation of the City, payable from City
ad valorem taxes , in the maximum aggregate principal amount of
$465, 000, bearing interest at a rate not in excess of that pre-
scribed by Article 717k-2, V.T.C .S . , as amended, and maturing
over a period of years not to exceed 20 years from the date
thereof, for the purpose of evidencing the indebtedness of the
City for all or any part of the cost of such construction and
equipment, including the cost of professional services incurred
in connection therewith; and the successful bidder or bidders
will be required to accept such Certificates in payment of all
or any portion of the contract price, or prices .
The City Council has made provision for each contractor
(successful bidder) to sell and assign such Certificates of
Obligation to another at par and without discount , and with no
exchange or collection charges to such contractor, and each
bidder is required (at the time of the receipt of bids by the
City Council) to elect whether he will accept such Certificates
in payment of all or a part of the contract price , or prices , or
assign such Certificates in accordance with such arrangements .
WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY, this
27th day of February, 1978 .
/s/ Dorothy L. Cook
City Secretary
CITY OF PEARLAND, TEXAS
(SEAL)
-- -`�-- mac,
Section 3 . The notice set forth in Section 2 above shall
be published once a week for two (2) consecutive weeks in a
newspaper which is of general circulation in the City and which
is the official newspaper thereof, the date of the first publi-
cation to be not less than fourteen (14 ) days prior to the date
tentatively set in said notice for the passage of the ordinance
authorizing the issuance of such Certificates of Obligation.
Section 4 . The Mayor, City Secretary, and other officers
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 5 . This resolution shall take effect immediately
upon its passage .
Section 6 . It is hereby officially found and determined
that the need of the City for such financing creates an emer-
gency and an urgent public necessity for the holding, at the
scheduled time, of the meeting of the City Council at which
this resolution is adopted and for the adoption of this resolu-
tion; and the NOTICE OF MEETING relating to said meeting and
heretofore posted by the City Secretary, and the posting
thereof, are hereby authorized, approved, and ratified .
PASSED AND APPROVED this 27th day of February, 1978 .
ATTEST:
/s/ Carlton McComb
/s/ Dorothy L . Cook Mayor
CITY OF PEARLAND, TEXAS
City Secretary
CITY OF PEARLAND, TEXAS
(SEAL)
tafts
RESnT T, - ••„
A
CERT
' D NISH TRANSLATION OF
Or
2 COPIES SPA
EL ESTADO D.
THORIZING PUBLICATION
CONDADOS DE RESOLUTION AU
CIUDAD DE PE S USE AND RECORDS)
POR CUA1 (FOR CITY'
•
TEXAS (la "Ci
de Obligacion con el aviso enunciado
a continuacion;
POR LO TANTO, EL CONSEJO MUNICIPAL DE LA CIUDAD DE
PEARLAND, TEXAS RESUELVE QUE:
Seccion 1 . Los hechos y recitaciones contenidos en el
preambulo de esta resolucion son por la presente hallados y
declarados fidedignos y correctos.
Seccion 2 . El Secretario de la Ciudad es por la presente
autorizado y mandado a hacer publicar en la forma requerida por
ley un aviso de intencion de emitir Certificados de Obligacion
substancialmente de la siguiente forma:
AVISO A POSTORES Y AVISO DE INTENCION
DE EMITIR CERTIFICADOS DE OBLIGACION •
SE AVISA POR LA PRESENTE que propuestas selladas (de
aqui en adelante "propuestas") dirigidas al Alcalde y al
Consejo Municipal de la Ciudad de Pearland, Texas (la
• "Ciudad") , se recibir n en una reunion del Consejo Municipal
en el Municipao (City Hall) , Ciudad de Pearland, Condados de
Brazoria y Barris, Texas, hasta las 7: 30 p.m. , el dia 27
de mar.zo •de 1978, siendo la hora y el lugar en que las
propuestas se abriran al pfiblico y se leeran en voz alta,
Para el suministro de toda mano de obra, materiales , provi-
siones, maquinaria, equipamiento, seguros, herramientas y
superintendencia para construir y equipar edificios pfiblicos '
para la Ciudad, a saber: (1) albercas y accesorios , y (2)
un edificio municipal de mantenimiento y almacenamiento, a
veces co.nocido. coma el "Centro Municipal de Servicio" ; y el
Consejo Municipal tentativamente propone asignar un contrato,
o contratos, para dicha construcci6n y equipamiento, y para
autorizar la emisi6n de Certificados de Obligacion conforme
a los terminos y requisitos de este Aviso en dicha reunion
- o en una reunion subsecuente del Consejo Municipal en dicho
Municipao.
Se devolveran sin abrir propuestas recibidas despues
de la consumacion - del tiempo asignado. Un cheque de caja o
cheque certif icado, girado a cargo de un banco aceptable a
la Ciudad y pagadero a la Orden de la Ciudad, o un bono de
postor emitido por una institucion de finazas debidamente
licensiada .en- el. Estado de Texas, en una cantidad igual a no
meros del cinco porciento (50) del total mas grande posible .
de las propuestas sometidas, incluyendo alternativos, debe
acompanar cada propuesta, comp garantia de que el postor
favorito se comprometera por contrato, y cumplira con los
bonos y las garantias de acuerdo con los terminos expuestos
en este, y en los documentos del contrato, pianos y especifi-
caciones,. dentro de diez (10) dias despues de darse el aviso
de asignacion de contrato. Se devolveran los cheques o
bonos del postor a los postores dentro de cinco (5) dias
despues de la apertura. de las propuestas, con la excepcion
de clue se devolveran dentro de veinticuatro (24) horas
• despues de la ejecucion definitiva del contrato los cheques
o bonos de •postores de los postores aceptables que hayan
sometido las tres propuestas mas bajas .
El postor favorito debe pro.porcionar fianza de cum-
limiento y fianza de pago en los formularios proporcionados
con dichos documentos del contrato, cada una en la cantidad
Integra del precio del - contrato y emitida por una institu-
cion de fianzas autorizada por el Estado de Texas y estable-
cida de acuerdo con los requisitos del Articulo 5160 , Estatutos
Civiles Revisados de Texas, 1925, segun enmendados .
De conformidad con la ley aplicable, se han acertado
los salarios generales prevalecientes en la localidad del
trabajo a ser ejecutado y dichos salarios seran to minimo
pagado a la mano de obra empleada para trabajar en este
proyecto.
Se espera que los postores den una inspeccion del lugar
del trabajo y se informen por si mismos sobre las condiciones
locales.
Copias -de los documentos del contrato, - planos y especi-
ficaciones se encuentran archivadas en la oficina del Gerente
Municipal en el Municipio de la Ciudad, y se puede hacer un
reconocimiento gratis en esta oficina, o los postores o
suministradores podran comprar copias de los documentos por
Diez Dolares ($10) por cada juego de documentos, los cheques
se haran pagaderos a la orden de la Ciudad. Dichos pagos
seran reembolsados a postores actuales al retorno de dichos
materiales en buenas condiciones dentro de cinco (5) dias
despues de la apertura de las propuestas.
Este Aviso sera y constituira parte de dichos docu-
mentos de contrato, pianos y especificaciones.
No se retiraran dichas propuestas despues de la con-
sumacion del tiempo asignado para recibir propuestas y hasta
por treinta (30) dias despues de dicha consumacion -de tiempo.
La Ciudad se reserva el derecho de aceptar la propuesta que
juzgue mas ventajosa para la Ciudad,, incluyendo alternativos,
asi como rechazar cualquier propuesta, y renunciar cualquier
informalidad. En caso de ambiguedad o de falta de claridad
en las declaracionesde precios en cada propuesta, la Ciudad
se reserva el derecho de adoptar los precios escritos en
palabras, o de rechazar la propuesta.
La Ciudad propone pagar toda o cualquier parte de
cualquier obligacion contractual contraida en dicha con
struccion y equipamiento, incluyendo obligaciones con-
tractuales por servicios profesionales con respecto a lo
mismo, por medio de la emision de Certificados de Obligacion
de la Ciudad, pagados de impuestos al valor de la Ciudad, en
la maxima cantidad principal agregada de $450, 000 a un tipo
de interes a no exceder lo prescrito por el Articulo 717k-2 ,
V.T.C.S. , segun enmendados, y de vencimiento sobre un periodo
de anos a no exceder 20 anos a partir de la fecha del mismo,
para el fin de comprobar la deuda de la Ciudad por todo o
cualquier parte del costo de dicha construccion y equipa-
miento, incluyendo el - costo de servicios profesionales
contraidos con respecto a lo mismo; y el postor favorito
sera requerido a aceptar dichos Certificados como pago de
todo o una parte del precio o precios del contrato.
El Consejo Municipal ha hecho provisiones para que cada
contratista (postor favorito) venda y ceda a la par, a
otros, dichos Certificados de Obligacion, sin descuento y
sin cobrar cargos de cambio o de recaudacion a dicho con-
trista y (al recibir el .Consejo Municipal las propuestas)
cada postor debera elegir si acepta o no dichos Certificados
como pago de todo o una parte del precio o precios del
contrato, o ceder dichos Certificados de acuerdo con dichos
conciertos.
EN FE DE LO CUAL FIRMO Y PONGO EL SELLO OFICIAL DE LA
CIUDAD este dia 27 de febrero de 1978 .
/fdo/ Dorothy L. Cook
Secretaria de la Ciudad
CIUDAD DE PEARLAND, TEXAS
(SELLO)
Seccion 3 . El aviso expuesto en la Seccion 2 de esta
sera publicado una vez a la semana por dos (2 ) semanas con-
secutivas en un periodico de circulacion general en la
Ciudad, haciendose la primera publicacion no menos que
catorce (14) dias antes de la fecha tentativamente fijada en
dicho aviso para la adopcion de la resolucioon que autoriza
la emision de dichos Certificados de Obligacion.
Seccion 4. El Alcalde, la Secretaria de la Ciudad y
otros oficiales de la Ciudad quedan aqui autorizados y man-
dados hacer todo y cuanto sea necesario o deseable para
cumplir con las disposiciones de esta resolucion.
Seccion 5 . Esta resolucion entrara en vigencia in
mediatamente al ser adoptada.
Seccion 6 . Por la presente se declara y se determina
oficialmente que la necesidad de la Ciudad de obtener dicha
financiacion ha creado una emergencia y un urgente requisito
publico para llevar a cabo la reunion del Consejo Municipal
en la fecha fijada en la cual es adoptada esta resolucion y
para la adopcion de la misma; y el AVISO DE REUNION con
respecto a dicha reunion, anteriormente fijado por la
Secretaria de la Ciudad, y la fijacion del mismo, son
por la presente autorizados, aprobados, y ratificados .
PASADA Y APROBADA este dia 27 de febrero de 1978.
/fdo/ Carlton McComb
ATESTACION: Alcalde
CIUDAD DE PEARLAND, TEXAS
/fdo/ Dorothy L. Cook
Secretaria de la Ciudad
CIUDAD DE PEARLAND, TEXAS
(SELLO)
1
emN P
714)
NOTICE OF MEETING
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
NOTICE is hereby given of a meeting of the City Council
of the CITY OF PEARLAND, Brazoria and Harris Counties , Texas
(the "City" ) , to be held on the 27th day of February, 1978,
at 7 : 30 p .m. in the :
City Hall
Pearland, Texas
for the purpose of considering and, if deemed advisable by
the City Council, adopting a resolution authorizing publica-
tion of notice to bidders and notice of intention to issue
1
Certificates of Obligation of the City, and for the purpose
of conducting, considering and acting upon such other business
as shall come before the meeting.
The need of the City for such financing creates an emer-
gency and an urgent public necessity for the holding of the
meeting and for the adoption of such resolution at the meeting.
WITNESS MY HAND AND OFFICIAL SEAL OF THE CITY, this ,%
day of February, 1978 .
get_j
City Secretary 1
CITY OF PEARL D , TEXAS
(SEAL)
a
AVISO DE REUNION
1
EL ESTADO DE TEXAS
CONDADOS DE BRAZORIA Y HARRIS 0
CIUDAD DE PEARLAND •
SE AVISA por la presente que el Cabildo Municipal de la
CIUDAD DE PEARLAND, Condados de Brazoria y Harris, Texas (la
"Ciudad" ) , celebrara una reunion el dia 27 de febrero de 1978,
a las 7:30 p.m. en: -
City Hall
Pearland, Texas
•
para el fin de considerar y, se to considera necesario el
Cabildo Municipal, adoptar una resolucion autorizando la
publicacion de un aviso a licitadores y aviso de intencion de
emitir Certificados de Obligacion de -la Ciudad, y para el fin
de conducir, considerar y actuar sobre cualquier otro asunto
que se presente ante la reunion.
La necesidad de la Ciudad de obtener dicha financiacion
consti-tuye una emergencia y una urgente necesidad pUblica para
llevar a cabo la reunion y para la adopcion de dicha resolucion
en la reunion.
DADO BAJO MI FIRMA Y EL SELLO OFICIAL DE LA CIUDAD, este
dia ,2/- de febrero de 1978 .
•
`S"ecretaria Mun .ipa]
CIUDAD DE PEA',AND, TEXAS
(SELLO). •
•
Pl_(naa _ai-f-^-,-'-- ----- —-- -
- -
. NOTICE TO BIDDERS AND NOTICE OF INTENTION TO
_ ISSUE CERTIFICATES OF OBLIGATION '
•
_ .._ 1_NOTICE-IS HEREBY GIVEN that sealed proposals (hereinafter sometimes called
1"bids")addressed to the Mayor and City Council of the City of Pearland, Texas (the
1"City"),will be received at a meeting of the City Council in the City Hall,City of Pearland,
AFFIDAVIT Vf Brazoria and Harris Counties,Texas,until 7:30 PM,March 27,1978,at which time and place i
they will be.publicly opened and read aloud,for furnishing all labor,materials,supplies, "'
machinery,equipment,insurance,tools and superintendence for constructing and equipping _I
,public works for the City,to-wit:(1)swimming pools and appurtenances,and(2)a municipal
equipment maintenance and storage building,sometimes called a"City Service Center";
Iand the City Council tentativley proposes to let a contract,or contracts,for et construction , '�
THE STATE OF TEXAS § ,and equipment,and to authorize issuance of Certificates of Obligation,in a�cordance with ^.
the terms and provisions of thin Notice at such meeting or at a subsequent meeting of the
i City Council in said City Hall. ,. =
i Bids received after said closing time will be returned unopened.A cashier's check or ;1
COUNTY OF BRA Z ORIA § 1 certified check,drawn on a bank acceptable to the City and made payable to the City, or a
bidder's bond issued by a surety company duly licensed in the State of Texas;in an amount ,r
1 equal to not less than five per-cent(5%)of the largest possible total of the bids submitted, ,`
including alternates,must accompany each bid,as a guaranty that the successful bidder will
enter into a contract and execute bonds and guaranties on the terms provided herein,and in
the contract documents,plans end speci(icationo,within ten(10)days after notice of award of -)
{contract.Such checks or bidder's bonds will be returned to.bidders within five(5)days after
BEFORE ME, the unders ign'opening of bids,except that such checks or bidder's bonds of the acceptable bidders
I submitting the three lowest bids will be returned to said bidders within twenty-four(24)
I hours after final execution of contract. -
sonally appeared •John M. Moe" The successful bidder must furnish performance bond and payment band on the forms
furnished with such contract documents,each in the full amount of the contract price and i 'j
issued by a•surely company authorized to do business in this State in accordance with the )
provisions of Article 5160,Revised Civil Statutes of Texas,1925,as amended. _
(Editor/Publisher) of Pearlar; In conformity with applicable law;the general prevailing wage rates in the locality in
' which the work is to be performed have been ascertained and such rates shall be the ;i
t minimum paid for labor employed on this project. •
' Bidders are expected to inspect the site of the work and to inform themselves regarding all
me duly sworn, upon oath, dap' local conditions.
' Copies ofcontract documents,plans and•specifications are on file at the office'of the City
Manager in the City Hall of the City and may be e&amined there without charge,or may be .i •
__
t.obteined.there be roe ectivghidd_ers.orsuppltets:q®.ottii iment-of Ten Dollaa_({I0.00 fox _-=:-.
The attached c 1 ipp i each set thereof,checks to be made payable to the•City.Such payments will be refunded to,. ,)
i actual bidders upon the return of such materials in good condition within five(5)days.after ,il
one in Spanish) of opening of j
i This Notice shall be and constitute a part of the said contract documents, plans and itl
•
NOTICE OF INTENTION specifications.
No such bids may be withdrawn after the scheduled closing time for receipt of bids and for'
• OF OBLIGATIOrl was p, thirty(30)days thereafter.The City reserves the •
right to accept any bid deemed most
advantageous to it, including alternates, to reject any and ell bids, and to waive.any
Journal , a newspi informality.In case of ambiguity or lack of clearness in the statement of prices in each
circulation in the
proposal,the City reserves the right to adopt prices•written in words, or to.reject the
proposal.
It is the intention of the City to pay all or any part of any contractual obligation to be
in the following is incurred for such construction'and equipment, including contractual obligations for'
, professional services in connection therewith,by the issuance of Certificates of Obligation of
the City,payable from City ad valorem taxes,in the maximum aggregate principal amount of
_ $465,600,bearing interest at a rate not in excess of that prescribed by Article 717k•2, J
Ma rah 9' V.T.Q.S.,as amended,and maturing over a period of years not to exceed 20 years from the }f
date thereof,for the purpose of evidencing the indebtedness of the City for all or any part of , s
the cost of such construction and equipment,including the cost of professional services .
March 16+ incurred in connection therewith;and the successful bidder or bidders will be required to
t accept audit Certificates in payment of all or any portion of the contract price,or prices.
1 The City Councillhas madee-provision for each contractor(successful bidder)to sell and
assign such Certificates of Obligation to another at par and without discount,and with no
exchange or collection charges to such contractor,and each bidder is required(at the time of
and the attached net the receipt of bids by the City Council).to elect whether he will accept such Certificates in
payment of all or a part of the contract price, or prices, or assign such Certificates in I .
true and correct cop accordance with such arrangements:
WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY,.this 27th day of ,
notice . Februery,.1978. . Dorothy L.Cook ff[
+ [SEAL]. City Secretary
City of Pearland,Texas
I + .1.
AVISO A POSTORES Y AVISO DE INTENCION
DE EMITIR CERTIFICADOS DE OBLIGACION ' (
SE AVISA POR LA PRESENTE true propuestas selladaa (de aqui en adelante
-0
"propuestas")dirigidas al Alcalde y al Consejo Municipal dela Ciudad de Pearland,Texas
SS, (la"Ciudad"),se recibiran en una reunion del Consejo Municipal en el Municipio(City
SWORN TO AND SUBSCRIBED $y Hall),Ciudad de Pearland,Condadoa de Beacons y Harris,Texas,baste las 7:30 p.m.,el din .
27 de marzo de 1978,sieado la bora y el Lugar en que las propueatas se abriran al publico y se i
;leeran en vox alto,para'el suministro de toda•mano de obra, materiales, provisioner, I
March ',maquinaria, equipamiento, seguros, herramientas y superintendencia pare conatruir y •
5 1978 . t equipar edificios publicos pars la Ciudad,a saber:(1)albercas y acceaorios,y(2)un edificio
+municipal de mantenimiento y aim acenamlento,a veces conocido coma el"Centro Municipal
;de.Servicio"; y el Consejo Municipal tentativamente propane &signor un contrato, o
contratos,pars dicha construction y equipamiento,y pare autorizar la emision de Certifi-
I cados de Obligacion confoime a los terminos y requisitos de este Avis°en dicha reunion a en
una reunion subtiecuente del Consejo Municipal en dicho Municipio.
Se devolveran sin abrir propuestas recibidas despues de la consumacion del tiempo
'asignado.Un cheque de caja o cheque certificado,girado a cargo de un banco aceptable a la
'Ciudad y pagadero a la orden de la Ciudad,o un bond de pastor emitido pot una'inst1
itucion
• de finazas debidamente licensiada en el Estado de Texas,en una cantidad igual a no menos y
del cinco porciento (5%) del total mas grande posible de las propuestas sometidas,
inuyendo..alternativos,debe acompanar cads propdesta;como garantia de que el pastor
_ - Bcl
I favorito se comprometera par contrato,y cumplira con los bonos y las garantias de acuerdo
con los terminos expuestos en este,y en los documentos del contrato,pianos y espeeifi• 1.
caciones,dentro de diez(10)dias despues de darse el aviso de asignacion de contrato.Se 2
``` ' devolveran los cheques o bonos del pastor a los postores dentro de cinco(5)dias despues de
�.. la aperture de las propuestas,con la excepcion de que se devolveran dentro tie veinticuatro .i
—_ ; (24)hours despues de la ejecucion definitive del contrato los cheques o bonos de postores de
_ - — ' los postores aceptables que hayan sometido las tees propuestas mae bajas.
_ El pastor favorito debe proporcionar fianza de cumlimiento y Hansa de pago en los
{NOTARY SEAL) ; formularios proporcionados con dichos documentos del contrato,coda una en la cantidad
integra del precio del contrato y emitida par una institution de Banns autorizada por el
Estado de Texas y establecida de acuerdo con los requisitos del Articulo 5160,Estatutos
/ • ' Civiles Revisados de Texas,1925,aegun enmendados. .
- De con(ormidad con la ley aplicable,se hen acertado Los salarios generalea prevalecientea
• en la localidad del trabajo suer ejecutado y dichos salaries seran to minima pagado a la mano
I de obra empleada pars trabajar en este proyecto. j
Sc espera que los postores den una inspeccion del Lugar del trabajoa y se in(ormen por si
mismos sobre las condicionea locales.
Copies de los documentos del contrato;pianos y especificaciones se encuentran archivadas
en la oficina del Gerente Municipal en el Municipio de la Ciudad,y se puede hacer un
reconocimiento gratis en esta ofcina, o los postores o suministradores podran comprar
copies de los documentos por Dies Dolares($10)por cads juego de documentos,los cheques •
se heron pagaderm a la orden de la Ciudad.Dichos pagos seran reembolsados a postores
actuates al retoroo de dichos materiales en buenos condiciones dentro de canto(5) dias
despues de la aperture de las propuestas.
Este Aviso sera y constituira parte de dichos documentos de contrato,pianos y especi-
_ ficacionea.
"- - _ No ae retiraran dielias propueatas despues de la consumacion del tiempo saignado pars
_ recihir propueatas y haata po treiata(30)dias despues de.dacha eoneauumaci �c tie pars.a
` ! Ciudad sei r eyrva el dcrecho do eceptor la propuesta qug,j 6 '
Ciudad, iselayeado.altrrnanvaP,!P co s rcehaaar a aier�,P aYR, y rem:^
r-
CITY OF PEARLAND, TEXAS
CERTIFICATES OF OBLIGATION
SERIES 1978
* * * * * * * *
$290 , 000
* * * * * * * *
5 . 0C,
VINSON&ELKINS
ATTORNEYS AT LAW
FIRST CITY NATIONAL BANK BUILDING
HOUSTON,TEXAS77002
CITY OF PEARLAND, TEXAS
CERTIFICATES OF OBLIGATION
SERIES 1978
* * * * * * * *
$290 ,000
* * * * * * * *
5. 00%
1
NOTICE OF MEETING
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
NOTICE is hereby given of a meeting of the City Council
of the CITY OF PEARLAND, Brazoria and Harris Counties , Texas
(the "City" ) , to be held on the 27th day of February , 1978,
at 7 : 30 p .m. in the :
City Hall
Pearland, Texas
for the purpose of considering and, if deemed advisable by
the City Council, adopting a resolution authorizing publica-
tion of notice to bidders and notice of intention to issue
Certificates of Obligation of the City, and for the purpose
of conducting, considering and acting upon such other business
as shall come before the meeting.
The need of the City for such financing creates an emer-
gency and an urgent public necessity for the holding of the
meeting and for the adoption of such resolution at the meeting.
WITNESS MY HAND AND OFFICIAL SEAL OF THE CITY, this ,� -
day of February, 1978 .
/s/ Dorothy L. Cook
City Secretary
CITY OF PEARLAND, TEXAS
(SEAL)
- fir.. - Minim - - mime — mmea moms. mmr ..r mamma �..
AVISO DE REUNION
EL ESTADO DE TEXAS
CONDADOS DE BRAZORIA Y HARRIS 0
CIUDAD DE PEARLAND §
SE AVISA por la presente que el Cabildo Municipal de la
CIUDAD DE PEARLAND, Condados de Brazoria y Harris , Texas (la
"Ciudad" ) , celebrara una reunion el dia 27 de febrero de 1978,
a las 7 : 30 p.m. en:
City Hall
Pearland, Texas
para el fin de considerar y, se to considera necesario el
Cabildo Municipal, adoptar una resolucion autorizando la
publicaciOn de un aviso a licitadores y aviso de intencion de
emitir Certificados de Obligacion de la Ciudad, y para el fin
de conducir, considerar y actuar sobre cualquier otro asunto
que se presente ante la reunion.
La necesidad de la Ciudad de obtener dicha financiacion
constituye una emergencia y una urgente necesidad publica para
llevar a cabo la reunion y para la adopcion de dicha resoluciOn
en la reunion.
DADO BAJO MI FIRMA Y EL SELLO OFICIAL DE LA CIUDAD, este
dia . y' de febrero de 1978 .
/fdo/ Dorothy L. Cook
Secretaria Municipal
CIUDAD DE PEARLAND, TEXAS
(SELLO)
Flom !moo aria rl a.r ar rm amok ImirI r.e1111 —mmill —114
CERTIFICATE OF POSTING OF
NOTICE OF MEETING
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
I, the undersigned officer of the CITY OF PEARLAND,
Brazoria and Harris Counties, Texas (the "City" ) , do hereby
execute this certificate for the benefit of all persons in-
terested in the posting of notice of a meeting of the City
Council of the City as required by the Open Meetings Act
(Article 6252-17, Vernon ' s Texas Civil Statutes , as amended)
and the validity of all actions and proceedings taken at such
meeting and I do hereby certify as follows :
1 . I am the duly chosen, qualified and acting officer
of the City for the office shown beneath my signature, and
in such capacity I am familiar with the matters contained in
this certificate .
2 . The attached and foregoing are true and correct
copies in English and Spanish, respectively, of the Notice of
Meeting which was posted by me at ,/".ep o ' clock .9 .m. on the
,2.' day of J , 1978, in a place readily accessible
to the general public all times , to-wit :
/ ,. , in the City Hall of the
City .
WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY, this
021 day of , 1978 .
2
City Secretar
CITY OF PEAR ND, TEXAS
(SEAL)
ism-ma
CERTIFICATE FOR RESOLUTION AUTHORIZING
PUBLICATION OF NOTICE TO BIDDERS AND NOTICE
OF INTENTION TO ISSUE $465,000 CITY OF PEARLAND,
TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1978
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
We, the undersigned officers of the CITY OF PEARLAND,
TEXAS (the "City" ) , do hereby certify as follows :
1 . That we are the duly chosen, qualified and acting
officers of the City for the offices shown below our signatures
and that as such we are familiar with the facts herein certified.
2 . That there is attached to and follows this certificate
an excerpt of proceedings from the minutes of a meeting of the
City Council of the City (the "City Council") which is a true,
full and complete excerpt of all proceedings from the minutes of
the City Council pertaining to the adoption of the resolution de-
scribed therein; and that the persons named in such excerpt as
the officers and members of the City Council or as officers of
the City are the duly chosen, qualified and acting officers and
members as indicated therein.
3 . That a true and complete copy of the resolution (the
"Resolution") , as adopted at the meeting described in such excerpt
from the minutes , is attached to and follows such excerpt .
4 . That the Resolution has been duly and lawfully adopted
by the City Council and that the Mayor of the City has approved,
and hereby approves , the Resolution; that the Mayor and the City
Secretary of the City have duly signed and attested the Resolution
and each, respectively, hereby declares that the signing of this
certificate shall also constitute the signing of the Resolution
for all purposes; and that the Resolution, as signed, has been
duly recorded in the minutes of the City Council for such meeting.
5 . That each of the officers and members of the City
Council was duly and sufficiently notified officially and per-
sonally, in advance, of the date, hour, place and subject of
such meeting of the City Council, and that the Resolution would
be introduced and considered for passage at such meeting, and
each of such officers and members consented, in advance , to the
holding of such meeting to consider and act upon such subject .
6 . That written notice of the meeting of the City Council
described in the excerpt from the minutes was posted in the form
and manner required by law; and that such meeting was open to the
public as required by law at all times during which the Resolution
and the subject matter thereof were discussed, considered and
formally acted upon, all as required by the Open Meetings Act ,
Article 6252-17 , Vernon' s Texas Civil Statutes , as amended.
SIGNED AND SEALED this 27th day of February, 1978 .
City cret 2y Mayor
(SEAL)
-r. mm+
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
The City Council of the City of Pearland, Texas , convened
in regular meeting, open to the public, on the 27th day of
February, 1978, at the City Hall, and the roll was called of the
duly constituted officers and members of the City Council and
the City Secretary of the City, to-wit :
Carlton McComb Mayor
Dennis Frauenberger Councilman
Harry Farley Councilman
Terry Gray Councilman
Morris S . Wilson Councilman
(Vacancy) Councilman
Dorothy L. Cook City Secretary
and all of said persons were present , except the following ab-
sentees :
thus constituting a quorum. Whereupon, among other business ,
the following was transacted at said meeting : a written reso-
lution entitled:
RESOLUTION AUTHORIZING PUBLICATION OF NOTICE
TO BIDDERS AND NOTICE OF INTENTION TO ISSUE
$465, 000 CITY OF PEARLAND, TEXAS, CERTIFICATES
OF OBLIGATION, SERIES 1978
(the "Resolution") was duly introduced for the consideration
of the City Council and reviewed in full . It was then duly
moved and seconded that the Resolution be passed; and, after
due discussion, the motion, carrying with it the passage of
the Resolution, prevailed and carried by the following vote :
AYES : All members of the City Council shown
present above voted "Aye" .
NOES : None .
The Mayor thereupon announced that the Resolution had been duly
and lawfully adopted. The Resolution thus adopted follows :
.ram
RESOLUTION AUTHORIZING PUBLICATION OF NOTICE
TO BIDDERS AND NOTICE OF INTENTION TO ISSUE
$465,000 CITY OF PEARLAND, TEXAS , CERTIFICATES
OF OBLIGATION, SERIES 1978
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
WHEREAS, the City Council of the CITY OF PEARLAND, TEXAS
(the "City") , deems it advisable to issue Certificates of
Obligation of the City in accordance with the notice herein-
after set forth;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PEARLAND, TEXAS THAT:
Section 1. The facts and recitations contained in the
preamble of this resolution are hereby found and declared to
be true and correct .
Section 2 . The City Secretary is hereby authorized and
directed to cause to be published in the manner required by
law a notice of intention to issue Certificates of Obligation
in substantially the following form:
NOTICE TO BIDDERS AND NOTICE OF INTENTION
TO ISSUE CERTIFICATES OF OBLIGATION
NOTICE IS HEREBY GIVEN that sealed proposals (hereinafter
sometimes called "bids" ) addressed to the Mayor and City Council
of the City of Pearland, Texas (the "City" ) , will be received
at a meeting of the City Council in the City Hall , City of
Pearland, Brazoria and Harris Counties , Texas , until 7 : 30 p .m. ,
March 27, 1978, at which time and place they will be publicly
opened and read aloud , for furnishing all labor, materials ,
supplies , machinery, equipment , insurance , tools and superinten-
dence for constructing and equipping public works for the City,
to-wit : (1) swimming pools and appurtenances , and ( 2) a munici-
pal equipment maintenance and storage building, sometimes called
a "City Service Center" ; and the City Council tentatively pro-
poses to let a contract , or contracts , for such construction
and equipment , and to authorize issuance of Certificates of
Obligation, in accordance with the terms and provisions of this
Notice at such meeting or at a subsequent meeting of the City
Council in said City Hall .
Bids received after said closing time will be returned
unopened. A cashier' s check or certified check, drawn on a
bank acceptable to the City and made payable to the City, or a
bidder ' s bond issued by a surety company duly licensed in the
State of Texas, in an amount equal to not less than five per-
cent (5%) of the largest possible total of the bids submitted,
including alternates , must accompany each bid, as a guaranty
that the successful bidder will enter into a contract and exe-
cute bonds and guaranties on the terms provided herein, and in
the contract documents , plans and specifications , within ten
(10 ) days after notice of award of contract . Such checks or
bidder ' s bonds will be returned to bidders within five (5) days
after opening of bids , except that such checks or bidder ' s bonds
of the acceptable bidders submitting the three lowest bids will
be returned to said bidders within twenty-four ( 24 ) hours after
final execution of contract .
The successful bidder must furnish performance bond and
payment bond on the forms furnished with such contract docu-
ments , each in the full amount of the contract price and
issued by a surety company authorized to do business in this
State in accordance with the provisions of Article 5160 ,
Revised Civil Statutes of Texas , 1925 , as amended.
In conformity with applicable law, the general prevailing
wage rates in the locality in which the work is to be performed
have been ascertained and such rates shall be the minimum paid
for labor employed on this project .
Bidders are expected to inspect the site of the work and
to inform themselves regarding all local conditions .
Copies of contract documents , plans and specifications
are on file at the office of the City Manager in the City Hall
of the City and may be examined there without charge , or may be
obtained there by prospective bidders or suppliers upon payment
of Ten Dollars ($10 . 00 ) for each set thereof, checks to be made
payable to the City . Such payments will be refunded to actual
bidders upon the return of such materials in good condition
within five (5 ) days after opening of bids .
This Notice shall be and constitute a part of the said
contract documents , plans and specifications .
No such bids may be withdrawn after the scheduled closing
time for receipt of bids and for thirty (30 ) days thereafter.
The City reserves the right to accept any bid deemed most ad-
vantageous to it , including alternates , to reject any and all
bids , and to waive any informality . In case of ambiguity or
lack of clearness in the statement of prices in each proposal ,
the City reserves the right to adopt prices written in words ,
or to reject the proposal.
It is the intention of the City to pay all or any part of
any contractual obligation to be incurred for such construction
and equipment , including contractual obligations for profes-
sional services in connection therewith, by the issuance of
Certificates of Obligation of the City, payable from City
ad valorem taxes , in the maximum aggregate principal amount of
$465 ,000 , bearing interest at a rate not in excess of that pre-
scribed by Article 717k-2, V.T.C .S . , as amended, and maturing
over a period of years not to exceed 20 years from the date
thereof, for the purpose of evidencing the indebtedness of the
City for all or any part of the cost of such construction and
equipment, including the cost of professional services incurred
in connection therewith; and the successful bidder or bidders
will be required to accept such Certificates in payment of all
or any portion of the contract price , or prices .
The City Council has made provision for each contractor
(successful bidder) to sell and assign such Certificates of
Obligation to another at par and without discount , and with no
exchange or collection charges to such contractor, and each
bidder is required (at the time of the receipt of bids by the
City Council) to elect whether he will accept such Certificates
in payment of all or a part of the contract price , or prices , or
assign such Certificates in accordance with such arrangements .
WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY, this
27th day of February, 1978 .
/s/ Dorothy L . Cook
City Secretary
CITY OF PEARLAND, TEXAS
(SEAL)
- -
Section 3 . The notice set forth in Section 2 above shall
be published once a week for two (2 ) consecutive weeks in a
newspaper which is of general circulation in the City and which
is the official newspaper thereof, the date of the first publi-
cation to be not less than fourteen (14 ) days prior to the date
tentatively set in said notice for the passage of the ordinance
authorizing the issuance of such Certificates of Obligation.
Section 4 . The Mayor, City Secretary, and other officers
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 5 . This resolution shall take effect immediately
upon its passage .
Section 6 . It is hereby officially found and determined
that the need of the City for 'such financing creates an emer-
gency and an urgent public necessity for the holding, at the
scheduled time, of the meeting of the City Council at which
this resolution is adopted and for the adoption of this resolu-
tion; and the NOTICE OF MEETING relating to said meeting and
heretofore posted by the City Secretary, and the posting
thereof, are hereby authorized, approved, and ratified .
PASSED AND APPROVED this 27th day of February , 1978 .
ATTEST:
/s/ Carlton McComb
/s/ Dorothy L . Cook Mayor
CITY OF PEARLAND , TEXAS
City Secretary
CITY OF PEARLAND, TEXAS
(SEAL)
/mmi ri fig..r immm r maim mmft mmigft ri ...r ..r =mak mmell ..�
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RESOLUCION AUTORIZANDO PUBLICACION DE UN AVISO
A LOS POSTORES Y AVISO DE INTENCION DE EMITIR
CERTIFICADOS DE OBLIGACION POR VALOR DE $410 , 000
DE LA CIUDAD DE PEARLAND, TEXAS , SERIE 1978
EL ESTADO DE TEXAS X
CONDADOS DE BRAZORIA Y HARRIS X
CIUDAD DE PEARLAND X
POR CUANTO, el Consejo Municipal de la CIUDAD DE PEARLAND,
TEXAS (la "Ciudad" ) , considera aconsejable emitir Certificados
de Obligacion de la Ciudad de acuerdo con el aviso enunciado
a continuacion;
POR LO TANTO, EL CONSEJO MUNICIPAL DE LA CIUDAD DE
PEARLAND, TEXAS RESUELVE QUE :
Seccion 1 . Los hechos y recitaciones contenidos en el
preambulo de esta resolucion son por la presente hallados y
declarados fidedignos y correctos.
Secci6n 2 . El Secretario de la Ciudad es por la presente
autorizado y mandado a hacer publicar en la forma requerida por
ley un aviso de intencion de emitir Certificados de Obligacion
substancialmente de la siguiente forma:
AVISO A POSTORES Y AVISO DE INTENCION
DE EMITIR CERTIFICADOS DE OBLIGACION
SE AVISA POR LA PRESENTE cue propuestas selladas (de
aqui en adelante "propuestas") dirigidas al Alcalde y al
Consejo Municipal de la Ciudad de Pearland, Texas ( la
"Ciudad") , se recibiran en una reunion del Consejo Municipal
en el Municipio (City Hall) , Ciudad de Pearland, Condados de
Brazoria y Harris, Texas, hasta las 7 : 30 p.m. , el dia 27
de marzo de 1978, siendo la hora y el lugar en que las
propuestas se abriran al piblico y se leeran en voz alta,
para el suministro de toda mano de obra, materiales , provi-
siones, maquinaria, equipamiento, seguros, herramientas y
superintendencia para construir y equipar edificios plblicos
para la Ciudad, a saber: (1) albercas y accesorios , y ( 2)
un edificio municipal de mantenimiento y almacenamiento, a
veces conocido como el "Centro Municipal de Servicio" ; y el
Consejo Municipal tentativamente propone asignar un contrato,
o contratos, para dicha construccion y equipamiento, y para
autorizar la emision de Certificados de Obligacion conforme
a los terminos y requisitos de este Aviso en dicha reunion
o en una reunion subsecuente del Consejo Municipal en dicho
Municipio.
Se devolveran sin abrir propuestas recibidas despues
de la consumacion del tiempo asignado. Un cheque de caja o
cheque certificado, girado a cargo de un banco aceptable a
la Ciudad y pagadero a la orden de la Ciudad, o un bono de
postor emitido por una institucion de finazas debidamente
licensiada en el Estado de Texas, en una cantidad igual a no
menos del cinco porciento (5%) del total mas grande posible
de las propuestas sometidas, incluyendo alternativos, debe
acompanar cada propuesta, como garantia de que el postor
favorito se comprometera por contrato, y cumplira con los
•
bonos y las garantias de acuerdo con los terminos expuestos
en este, y en los documentos del contrato, planos y especifi-
caciones, dentro de diez (10) dias despues de darse el aviso
de asignacion de contrato. Se devolveran los cheques o
bonos del postor a los postores dentro de cinco (5) dias
despues de la apertura de las propuestas , con la excepci6n
de que se devolveran dentro de veinticuatro (24) horas
despues de la ejecuci6n definitiva del contrato los cheques
o bonos de postores de los postores aceptables que hayan
sometido las tres propuestas mas bajas .
El postor favorito debe proporcionar fianza de cum-
limiento y fianza de pago en los formularios proporcionados
con dichos documentos del contrato, cada una en la cantidad
Integra del precio del contrato y emitida por una institu-
cion de fianzas autorizada por el Estado de Texas y estable-
cida de acuerdo con los requisitos del Articulo 5160 , Estatutos
Civiles Revisados de Texas, 1925, segun enmendados .
De conformidad con la ley aplicable, se han acertado
los salarios generales prevalecientes en la localidad del
trabajo a ser ejecutado y dichos salarios seran to minimo
pagado a la mano de obra empleada para trabajar en este
proyecto.
Se espera que los postores den una inspecci6n del lugar
del trabajo y se informen por si mismos sobre las condiciones
locales.
' Copias de los documentos del contrato, pianos y especi-
ficaciones se encuentran archivadas en la oficina del Gerente
Municipal en el Municipio de la Ciudad, y se puede hacer un
reconocimiento gratis en esta oficina, o los postores o
suministradores podran comprar copias de los documentos por
Diez Dolares ( $10 ) por cada juego de documentos, los cheques
se haran pagaderos a la orden de la Ciudad. Dichos pagos
serail reembolsados a postores actuales al retorno de dichos
materiales en buenas condiciones dentro de cinco (5 ) dias
despues de la apertura de las propuestas .
Este Aviso sera y constituira parte de dichos docu-
mentos de contrato, pianos y especificaciones .
No se retiraran dichas propuestas despues de la con-
sumacion del tiempo asignado para recibir propuestas y hasta
por treinta (30 ) dias despues de dicha consumacion de tiempo .
La Ciudad se reserva el derecho de aceptar la propuesta que
juzgue mas ventajosa para la Ciudad, incluyendo alternativos,
asi como rechazar cualquier propuesta, y renunciar cualquier
informalidad. En caso de ambiguedad o de falta de claridad
en las declaraciones de precios en cada propuesta, la Ciudad
se reserva el derecho de adoptar los precios escritos en
palabras, o de rechazar la propuesta.
La Ciudad propone pagar toda o cualquier parte de
cualquier obligacion contractual contraida en dicha con-
struccion y equipamiento, incluyendo obligaciones con-
tractuales por servicios profesionales con respecto a lo
mismo, por medio de la emision de Certificados de Obligacion
de la Ciudad, pagados de impuestos al valor de la Ciudad, en
la maxima cantidad principal agregada de $450, 000 a un tipo
de interes a no exceder lo prescrito por el Articulo 717k-2 ,
V.T.C. S . , segun enmendados, y de vencimiento sobre un period()
de anos a no exceder 20 anos a partir de la fecha del mismo,
para el fin de comprobar la deuda de la Ciudad por todo o
cualquier parte del costo de dicha construccion y equipa-
miento, incluyendo el costo de servicios profesionales
contraidos con respecto a lo mismo; y el postor favorito
sera requerido a aceptar dichos Certificados como pago de
todo o una parte del precio o precios del contrato.
El Consejo Municipal ha hecho provisiones para que cada
contratista (postor favorito) venda y ceda a la par, a
otros , dichos Certificados de Obligacion, sin descuento y
sin cobrar cargos de cambio o de recaudacion a dicho con-
trista y (al recibir el Consejo Municipal las propuestas )
cada postor debera elegir si acepta o no dichos Certificados
como pago de todo o una parte del precio o precios del
contrato, o ceder dichos Certificados de acuerdo con dichos
conciertos .
EN FE DE LO CUAL FIRMO Y PONGO EL SELLO OFICIAL DE LA
CIUDAD este dia 27 de febrero de 1978 .
/fdo/ Dorthy L. Cook
Secretaria de la Ciudad
CIUDAD DE PEARLAND, TEXAS
(SELLO)
mmft
Seccion 3 . El aviso expuesto en la Seccion 2 de esta
sera publicado una vez a la semana por dos (2 ) semanas con-
secutivas en un periodico de circulacion general en la
Ciudad, haciendose la primera publicacion no menos que
catorce (14) dias antes de la fecha tentativamente fijada en
dicho aviso para la adopcion de la resolucioon que autoriza
la emision de dichos Certificados de Obligacion.
Seccion 4. El Alcalde, la Secretaria de la Ciudad y
otros oficiales de la Ciudad quedan aqui autorizados y man-
dados hacer todo y cuanto sea necesario o deseable para
cumplir con las disposiciones de esta resolucion.
Seccion 5 . Esta resolucion entrara en vigencia in-
mediatamente al ser adoptada.
Seccion 6 . Por la presente se declara y se determina
oficialmente que la necesidad de la Ciudad de obtener dicha
financiacion ha creado una emergencia y un urgente requisito
publico para llevar a cabo la reunion del Consejo Municipal
en la fecha fijada en la cual es adoptada esta resolucion y
para la adopcion de la misma; y el AVISO DE REUNION con
respecto a dicha reunion, anteriormente fijado por la
Secretaria de la Ciudad, y la fijacion del mismo, son
por la presente autorizados , aprobados, y ratificados .
PASADA Y APROBADA este dia 27 de febrero de 1978 .
/fdo/ Carlton McComb
ATESTACION: Alcalde
CIUDAD DE PEARLAND, TEXAS
/fdo/ Dorothy L. Cook
Secretaria de la Ciudad
CIUDAD DE PEARLAND, TEXAS
(SELLO)
•
NOTICE TO BIDDERS AND NOTICE OF INTENTION TO
ISSUE CERTIFICATES OF OBLIGATION
NOTICE IS HEREBY GIVEN that sealed proposals (hereinafter sometimes called
"bids") addressed to the Mayor and City Council of the City of Pearland, Texas (the
"City"),will be received at a meeting of the City Council in the City Hall,City of Pearland,
Brazoria and Harris Counties,Texas,until 7:30 PM,March 27,1978,at which time and place
they will be publicly opened and read aloud,for furnishing all labor,materials,supplies,
AFFID AVI f�1 machinery,equipmet insurance,tools and superintendence(or constructing and equipping
public works for the City,to-wit:(1)swimming pools and appurtenances,and(2)a municipal
equipment maintenance and storage building,sometimes called a"City Service Center";
and the City Council tentativley proposes to let a contractor contracts,for such construction
and equipment,and to authorize issuance of Certificates of Obligation,in accordance with
THE STATE OF TEXAS
the terms and provisions of this Notice at such meeting or at a subsequent meeting of the
§ City Council in said City Hall
Bids received after said closing time will be returned unopened. A rashier's check or
certified check,drawn on a bank acceptable to the City and made payable to the City, or a
COUNTY OF BRA Z ORIA § bidder's bond issued by a surety company duly licensed in the State of Texas,in an amount
equal to not less than five per-cent(5%)of the largest possible total of the bids submitted,
including alternates,must accompany each bid,as a guaranty that the successful bidder will
enter into a contract and execute bonds and guaranties on the terms provided herein,and in
the contract documents,plans and specifications,within ten(10)days after notice of award of
contract.Such checks or bidder's bonds will be returned to bidders within five(5)days after
BEFORE ME, the undersi opening of bids, except that such checks or bidder's bonds of the acceptable bidders
submitting the three lowest bids will be returned to said bidders within twenty-four(24)
hours after final execution of contract.
The successful bidder must furnish performance bond and payment bond on the forms
s onally app eared Johr. , furnished with such contract documents,each in the full amount of the contract price and
issued by a surety company authorized to do business in this State in accordance with the
provisions of Article 5160,Revised Civil Statutes of Texas,1925,as amended.
In conformity with applicable law, the general prevailing wage rates in the locality in
(Editor/Publisher) of 3 r which the work is to be performed have been ascertained and such rates shall be the
minimum paid for labor employed on this project.
Bidders are expected to inspect the site of the work and to inform themselves regarding all
local conditions.
me duly sworn, upon oath, dE Copies of contract documents,plans and specifications are on file at the office of the City
Manager in the City Hall of the City and may be examined there without charge,or may be
obtained there be prospective bidders or suppliers upon payment of Ten Dollars($10.00)for
each set thereof,checks to be made payable to the City.Such payments will be refunded to
The attached c 1 ipp actual bidders upon the return of such materials in good condition within five(5)days after
opening of bids.
one in Spanish) of This Notice shall be and constitute a part of the said contract documents, plans and
specifications.
NOTICEOF INTENTI O No such bids may be withdrawn after the scheduled closing time for receipt of bids and for
thirty (30)days thereafter. The City reserves the right to accept any bid deemed most
OFOBLIGATION was advantageous to it, including alternates, to reject any and all bids, and to waive any
-nil
In case of ambiguity or lack of clearness in the statement of prices in each
Jc"i"nil , a news proposal,the City reserves the right to adopt prices written in words, or to reject the
proposal.
circulation in the It is the intention of the City to pay all or any part of any contractual obligation to be
incurred for such construction and equipment, including contractual obligations for
In the following 1 professional services in connection therewith,by the issuance of Certificates of Obligation of
the City,payable from City ad valorem taxes,in the maximum aggregate principal amount of
3465,000, bearing interest at a rate not in excess of that prescribed by Article 717k-2,
March9 V.T.C.S.,as amended,and maturing over a period of years not to exceed 20 years from the
7 date thereof,for the purpose of evidencing the indebtedness of the City for all or any part of
the cost of such construction and equipment, including the cost of professional services
incurred in connection therewith;and the successful bidder or bidders will be required to
accept such Certificates in payment of all or any portion of the contract price,or prices.
March 1 The City Council has made provision for each contractor(successful bidder)to sell and
assign such Certificates of Obligation to another at par and without discount,and with no
exchange or collection charges to such contractor,and each bidder is required(at the time of
the receipt of bids by the City Council)to elect whether he will accept such Certificates in
and the attached n payment of all or a part of the contract price, or prices, or assign such Certificates in
accordance with such arrangements.
true and correct c WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY, this 27th day of
February,.1978.
notice .
Dorothy L.Cook
[SEAL] City Secretary
City of Pearland,Texas
AVISO A POSTORES Y AVISO DE INTENCION
DE EMITIR CERTIFICADOS DE OBWGACION
SE AVISA POR LA PRESENTE que propuestas nelladas (de aqui en adelante
"propuestas")dirigidas al Alcalde y al Consejo Municipal de la Ciudad de Pearland,Texas
(la"Ciudad"),se recibiran en una reunion del Consejo Municipal en el Municipio(City
Hall),Ciudad de Pearland,Condadoa de Brazoria y Harris,Texas,baste las 7:30 p.m.,el dia
SWORN TO AND SUBSCRIBED 27 de matzo de 1978,siendo la hors y el luger en que las propuestas se abriran al publics y se
teems en vox alto, pare el euminietro de tors mono de obra, material., provtsiones,
maquinaria, equipamiento, seguros, herramientas y auperintendencia pare construir y
Marchh equipar edilicios publicoe pare la Ciudad,a saber:(I)albercas y accesorios,y(2)un edificio
1.1c1 11 1978 .
97g • municipal de mantenimiento y almacenamiento,a veces conocido como el"Centro Municipal
de Servicio"; y el Consejo Municipal tentativamente propone asignar un contrato, o
contratos,pare dicha construction y equipamiento,y pars autorizar la emision de Certifi-
cados de Obligation conforme a los terminos y requisitos de este Aviso en dicha reunion o en
una reunion subsecuente del Consejo Municipal en dicho Municipio.
Se devolveran sin abrir propuestas recibidas despues de la consumacion del tiempo
asignado.Un cheque de caja o cheque certificado,girado a cargo de un banco aceptable a la
Ciudad y pagadero a la orden de la Ciudad,o un bono de postor emitido pot una institucion
de Pinatas debidamente licensiada en el Estado de texas,en una cantrdad goal a no meson
del cinco porciento (5%) del total mas grande posible de las propuestas sometidas,
incluyendo alternativos,debe acompanar coda propuesta,como garantia de que el postor
favorito se comprometera pot contrato,y cumplira con los bonos y las garantias de acuerdo
con los terminos expuestos en este,y en los documentos del contrato, pianos y especifi-
caciones,dentro de diet(10)dies despues de darse el aviso de asignacion de contrato.Se
devolveran los cheques o bonos del postor a los postores dentro de cinco(5)dies despues de
la aperture de las propuestas,con la exception de que se devolveran dentro de veinticuatro
(24)Floras despues de la ejecucion definitive del contrato los cheques o bonos de postures de
los postores aceptables que hayan sometido las tees propuestas mas bajas.
El postor favorito debe proporcionar fianza de cum,limiento y fianza de pugs en ton
formulerios proporcionados con dichos documentos del contreto,coda una en la cantidad
(NOTARY SEAL) Integra del precis del contrato y sin etda pot una institucion de fianzas autorizada pot el
Estado de Texas y establecida de acuerdo con los requisites del Articulo 5160, Estatutos
Civiles Revisados de Texas,1925,segue enmendados.
De confarmidad con la ley aplicable,se has acertado los salarios generates prevalecientes
en la localidad del trabajo a ser ejecutado y dichos salarios reran to minimo pagado a la mono
de obra empleada pare trabajar en este proyecto.
Se espera que los postures den one inspection del luger del trabajo y se informen por si
mismos sobre las condiciones locales.
Copies de los documentos del contrato,pianos y especificaciones se encuentran archivadas
en la oficina del Gerente Municipal en el Municipio de la Ciudad,y se puede hater un
reconocimiento gratis en este oficina, o los postores o suministradores podran comprar
copies de los documentos por Diez Dolores(310)por cede juego de documentos,los cheques
h pagad a la ord de le Ciu Dich pa reran reembolsados a postores
actuatseesaran al returnseros d.1
di chosen materiales endad.buenasos congesdiciones dentro de tints(5) dies
despues de la aperture de las propuestas.
Este Aviso sera y constituira parte de dichos documentos de contrato,pianos y especi-
ficaciones.
No se retiraran dichos propuestas despues de la nsumacion del tiempo asignado pare
recibir propuestas y haste por treinta(30)dies despuecos de dicha consumacion de tiempo.La
ua ue mas ventajosa pare la
Ciudad se reserve el derecho de scepter la propuesta l juzg
Ciudad, incluyendo alternativos, asi coma rechaaar cu leg uier propues ta,ct y ren enee
•
cualquier informalidad.En;aC dda d r serve el derecho deadopter los pre ios escritoa en
mom mom.
NOTICE OF MEETING
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
NOTICE is hereby given of a meeting of the City Council
of the CITY OF PEARLAND, Brazoria and Harris Counties , Texas
(the "City" ) , to be held on the 24th day of April, 1978 , at
7 : 30 p .m. in the :
City Hall
Pearland, Texas
for the purpose of considering and, if deemed advisable by
the City Council, adopting an ordinance authorizing issuance
of $290,000 Certificates of Obligation, Series 1978 , and for
the purpose of conducting, considering and acting upon such
other business as shall come before the meeting .
The need of the City for such financing creates an emer-
gency and an urgent public necessity for the holding of the
meeting and for the adoption of such ordinance at the meeting .
WITNESS MY HAND AND OFFICIAL SEAL OF THE CITY, this o20
day of April, 1978 .
/s/ Dorothy L . Cook
City Secretary
CITY OF PEARLAND , TEXAS
(SEAL)
AVISO DE REUNION
EL ESTADO DE TEXAS X
CONDADOS DE BRAZORIA Y HARRIS X
CIUDAD DE PEARLAND X
SE DA AVISO por la presente, de una reunion del Consejo
Municipal de la CIUDAD DE PEARLAND, Condados de Brazoria y
Harris, Texas (la "Ciudad") , a celebrarse el dia 24 de abril
de 1978, a las 7 : 30 p.m. en el:
Cabildo Municipal
Pearland, Texas
con el proposito de considerar, y si el Consejo Municipal to
estima necesario, adoptar una ordenanza autorizando la
emisiOn de Certificados de Obligacibn por valor de $290, 000,
Serie 1978 , y con el proposito de conducir, considerar y
actuar sobre cualquier otro asunto que se presentase ante la
reuniOn.
La necesidad de la Ciudad para tal finaciamiento crea
una emergencia y una urgente necesidad pfiblica para la cele-
bracion de la reuniOn y para la adopcion de dicha ordenanza
en el transcurso de la reuniOn.
DADO BAJO MI FIRMA Y EL SELLO OFICIAL DE LA CIUDAD,
este diao de abril de 1978 .
/fdo/ Dorothy L. Cook
Secretaria de la Ciudad
CIUDAD DE PEARLAND, TEXAS
(SELLO)
CERTIFICATE OF POSTING OF
NOTICE OF MEETING
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
I, the undersigned officer of the CITY OF PEARLAND,
Brazoria and Harris Counties, Texas (the "City" ) , do hereby
execute this certificate for the benefit of all persons in-
terested in the posting of notice of a meeting of the City
Council of the City as required by the Open Meetings Act
(Article 6252-17, Vernon' s Texas Civil Statutes , as amended)
and the validity of all actions and proceedings taken at such
meeting and I do hereby certify as follows :
1 . I am the duly chosen, qualified and acting officer
of the City for the office shown beneath my signature, and
in such capacity I am familiar with the matters contained in
this certificate .
2 . The attached and foregoing are true and correct
copies in English and Spanish, respectively, of the Notice of
Meeting which was posted by me at io:oo o ' clock ,a .m. on the
do day' of , 1978, in a place readily accessible
to the general-public at all times , to-wit :
, in the City Hall of the
City .
WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY, this
02o day of cam- + -_14 , 1978 .
L ‹*
`city Secretary
CITY OF PEARL ND, TEXAS
(SEAL)
Aloft
CERTIFICATE FOR ORDINANCE AUTHORIZING ISSUANCE OF
$290,000 CITY OF PEARLAND, TEXAS , CERTIFICATES OF
OBLIGATION, SERIES 1978; RATIFYING CONTRACTS ; AND
CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
We, the undersigned officers of the CITY OF PEARLAND, TEXAS
(the "City" ) , do hereby certify as follows :
1 . That we are the duly chosen, qualified and acting
officers of the City for the offices shown below our signatures
and that as such we are familiar with the facts herein certified.
2 . That there is attached to and follows this certificate
an excerpt of proceedings from the minutes of a meeting of the
City Council of the City (the "City Council") which is a true ,
full and complete excerpt of all proceedings from the minutes of
the City Council pertaining to the adoption of the ordinance de-
scribed therein; and that the persons named in such excerpt as
the officers and members of the City Council or as officers of
the City are the duly chosen, qualified and acting officers and
members as indicated therein.
3 . That a true and complete copy of the ordinance (the
"Ordinance") , as adopted at the meeting described in such excerpt
from the minutes , is attached to and follows such excerpt .
4 . That the Ordinance has been duly and lawfully adopted
by the City Council and that the Mayor of the City has approved,
and hereby approves , the Ordinance ; that the Mayor and the City
Secretary of the City have duly signed and attested the Ordinance
and each, respectively, hereby declares that the signing of this
certificate shall also constitute the signing of the Ordinance
for all purposes ; and that the Ordinance , as signed, has been
duly recorded in the minutes of the City Council for such meeting.
5 . That each of the officers and members of the City
Council was duly and sufficiently notified officially and per-
sonally, in advance , of the date, hour, place and subject of
such meeting of the City Council, and that the Ordinance would
be introduced and considered for passage at such meeting, and
each of such officers and members consented, in advance , to the
holding 'of such meeting to consider and act upon such subject .
6 . That written notice of the meeting of the City Council
described in the excerpt from the minutes was posted in the form
and manner required by law; and that such meeting was open to the
public as required by law at all times during which the Ordinance
and the subject matter thereof were discussed, considered and
formally acted upon, all as required by the Open Meetings Act ,
Article 6252-17, Vernon' s Texas Civil Statutes , as amended.
SIGNED AND SEALED the 24th day of April, 1978 .
7 �—o-z�� �?mot. -�-�%
City Secretary Mayor
(SEAL)
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
The City Council of the City of Pearland, Texas , convened
in regular meeting, open to the public , on the 24th day of
April, 1978, at the City Hall , and the roll was called of the
duly constituted officers and members of the City Council and
the City Secretary of the City, to-wit :
Tom Reid Mayor
Dennis Frauenberger Councilman
Harry Farley Councilman
Fran Coppinger Councilman
Morris S . Wilson Councilman
Carlton McComb Councilman
Dorothy L. Cook City Secretary
and all of said persons were present , except the following ab-
sentees : 4/,0/✓e
thus constituting a quorum. Whereupon, among other business ,
the following was transacted at said meeting : a written ordi-
nance entitled:
ORDINANCE AUTHORIZING ISSUANCE OF $290 ,000 CITY
OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION,
SERIES 1978; RATIFYING CONTRACTS ; AND CONTAINING
OTHER PROVISIONS RELATING TO THE SUBJECT
(the "Ordinance" ) was duly introduced for the consideration
of the City Council and reviewed in full . It was then duly
moved and seconded that the Ordinance be passed; and, after
due discussion, the motion, carrying with it the passage of
the Ordinance, prevailed and carried by the following vote :
AYES : All members of the City Council shown
present above voted "Aye" .
NOES : None .
The Mayor thereupon announced that the Ordinance had been duly
and lawfully adopted. The Ordinance thus adopted follows :
r T'! r_ r- , r... plum .imm mom, ...e91 �.., me% 1 1
ORDINANCE AUTHORIZING ISSUANCE OF $290 ,000 CITY
OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION,
SERIES 1978; RATIFYING CONTRACTS; AND CONTAINING
OTHER PROVISIONS RELATING TO THE SUBJECT
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
WHEREAS, the City Council of the CITY OF PEARLAND , TEXAS
(the "City") , authorized the publication of a notice to bidders
to the effect that competitive bids would be received by the
City Council on March 27, 1978, for constructing and equipping
public works for the City, to-wit : (1) swimming pools and
appurtenances , and (2) a municipal equipment maintenance and
storage building, sometimes called a "City Service Center"; and
WHEREAS, such notice was published at the times and in the
manner required by the Constitutions and laws of the State of
Texas and of the United States of America, respectively, par-
ticularly Article 2368a. 1, Vernon' s Texas Civil Statutes , as
amended; and
WHEREAS, on the date specified in said notice the City
Council caused the bids received to be opened and said bids
have been tabulated and the following has been determined to
be the lowest and best bid :
Amount
Bidder of Bid
P. G. Bell Company $493 ,300
P. 0. Box 2651
Houston, Texas 77001
and the City Council has heretofore determined to accept such
bid and has entered into a contract pursuant thereto; and
WHEREAS , it is hereby found and determined that such bid
in every respect meets the specifications mentioned in the notice
to bidders; and
wim. imm+ mimm 'ammo wm.mo r.r �m mmom mimm simmm swum mur r mmW
WHEREAS, the said bidder elected at the time of the re-
ceipt by the City Council of such bid to assign such certifi-
cates without discount to the PEARLAND STATE BANK, Pearland ,
Texas , with whom the City Council has made provision for such
assignment ; and
WHEREAS, no bids were received for constructing and equip-
ping a municipal equipment maintenance and storage building,
sometimes called a "City Service Center" ; and
WHEREAS, it is hereby found and determined that the City
Council is authorized to proceed with the issuance of said cer-
tificates of obligation in accordance with the terms and provi-
sions of this ordinance;
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PEARLAND THAT :
Section 1 . The facts and recitations contained in the
preamble of this ordinance are hereby found and declared to be
true and correct .
Section 2 . The City Council hereby approves , ratifies and
confirms in all respects the contract with P . G . Bell Company
mentioned in the preamble of this ordinance .
Section 3 . The City ' s negotiable certificates of obliga-
tion, to be designated CITY OF PEARLAND , TEXAS , CERTIFICATES OF
OBLIGATION, SERIES 1978 (hereinafter called the "Certificates" ) ,
are hereby authorized to be issued and delivered in the principal
amount of $290,000 for the purpose of evidencing the indebtedness
of the City for all or any part of the cost of constructing and
equipping public works for the City, to-wit : swimming pools and
appurtenances , including the cost of professional services in
connection therewith, in strict conformity with the Constitution
-2-
and laws of the State of Texas , particularly Article 2368a . 1 ,
Vernon' s Texas Civil Statutes , as amended.
Section 4 . The Certificates shall be dated May 1, 1978 ,
shall be numbered consecutively from 1 through 58, shall be
in the denomination of $5, 000 each and shall mature serially
on February 1 of each of the years , and in the amounts , respec-
tively, set forth in the following schedule :
YEAR AMOUNT
1979 $15 , 000
1980 20 ,000
1981 20 ,000
1982 20,000
1983 20 ,000
1984 20 ,000
1985 25 ,000
1986 30 ,000
1987 60,000
1988 60 ,000
Section 5 . The Certificates shall bear interest from the
date of initial delivery shown on the face of each Certificate
at the rate of 5 . 00% per annum, interest payable on the dates
indicated in the FORM OF CERTIFICATE set forth in this ordinance .
Section 6 . The Certificates shall be registrable both as
to principal and interest , shall be payable , and shall have the
characteristics , and shall be signed and executed (and the Cer-
tificates shall be sealed) , all as provided and in the manner
indicated in the FORM OF CERTIFICATE set forth in this ordinance .
Section 7 . The form of Certificates , including the form
of the Certificate of Registration, shall be , respectively ,
substantially as follows :
FORM OF CERTIFICATE :
NO. $5 ,000
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTIES OF BRAZORIA AND HARRIS
-3-
ammo - Mom= Mmift fry sr imm ..m mum, �r
CITY OF PEARLAND, TEXAS
CERTIFICATE OF OBLIGATION
SERIES 1978
ON FEBRUARY 1, 19 , the CITY OF PEARLAND (hereinafter
called the "City" ) , in the Counties of Brazoria and Harris , in
the State of Texas , promises to pay to bearer or, if this Cer-
tificate is registered, to the registered owner hereof, the
principal amount of
FIVE THOUSAND DOLLARS
and to pay interest thereon, FROM THE DATE OF INITIAL DELIVERY
SHOWN ON THE FACE HEREOF, to bearer or, if this Certificate is
registered, to the registered owner hereof, at the rate of 5 . 00%
per annum, interest payable February 1, 1979 , and semiannually
thereafter on each August 1 and February 1 while this Certifi-
cate is outstanding. Both the principal of and interest on this
Certificate shall be payable , without exchange or collection
charges to the owners or holders , upon presentation and, in the
case of the principal when due, surrender of this Certificate
at the PEARLAND STATE BANK, Pearland, Texas , which shall be the
paying agent for this series of Certificates .
THIS CERTIFICATE is one of a series of negotiable , regis-
trable Certificates of Obligation, dated May 1, 1978 , numbered
from 1 through 58, in the denomination of $5, 000 each, aggregating
$290 , 000, issued in accordance with the Constitution and laws of
the State of Texas , particularly Article 2368a . 1, Vernon' s Texas
Civil Statutes , as amended, for the purpose of evidencing the in-
debtedness of the City for all or any part of the cost of con-
structing and equipping public works for the City, to-wit :
swimming pools and appurtenances , including the cost of profes-
sional services in connection therewith, and pursuant to an
-4-
Wmam 111MM 011MM mow. m i. ammo mime rrl mmm mm.
ordinance adopted by the City Council of the City on the 24th
day of April, 1978 .
IT IS HEREBY certified, recited, and covenanted that this
Certificate has been duly and validly authorized, issued , and de-
livered; that all acts , conditions , and things required or proper
to be performed, exist , and be done precedent to or in the issu-
ance and delivery of this Certificate, have been performed,
existed, and been done in accordance with law; that annual ad
valorem taxes sufficient to provide for the payment of the inter-
est on and principal of this Certificate, as such interest comes
due and such principal matures, have been levied and ordered to
be levied against all taxable property in the City and have been
pledged irrevocably for such payment within the limits prescribed
by law; that this Certificate shall be a debt of the City within
the meaning of Article XI, Sections 5 and 7 of the Constitution
of Texas ; and that , when delivered, this Certificate shall be
deemed and construed (i) to be a "Security" within the meaning
of Chapter 8, Investment Securities , Uniform Commercial Code
(Chapter 785, Acts of the 60th Legislature, Regular Session,
1967 ) , and (ii) to be a general obligation of the City within
the meaning of Chapter 784 , Acts of the 61st Legislature of Texas ,
Regular Session, 1969 .
THIS CERTIFICATE shall be transferable by delivery unless
registered as to principal in the owner ' s name upon books of the
City to be kept for that purpose at the office of the City Secre-
tary of the City, the registrar, such registration to be noted
hereon. After such registration, no transfer of this Certificate
shall be valid unless made on said books at the request of the
registered owner hereof, or his duly authorized agent , and simi-
larly noted hereon; but this Certificate may be discharged from
-5-
registration by being in like manner transferred to bearer,
whereupon transferability by delivery shall be restored; and this
Certificate may again and from time to time be registered or made
payable to bearer as before .
IN WITNESS WHEREOF, this Certificate of Obligation has been
signed by the Mayor of the City and countersigned by the City
Secretary of the City, and the official seal of the City has been
duly impressed, or placed in facsimile, on this Certificate .
DATE OF INITIAL DELIVERY OF THIS CERTIFICATE :
xxxxxxxxxx
COUNTERSIGNED : Mayor
City of Pearland, Texas
xxxxxxxxxx
City Secretary
City of Pearland, Texas
(SEAL)
CERTIFICATE OF REGISTRATION:
IT IS HEREBY CERTIFIED that , at the request of the holder
of the within Certificate, I have this day registered it as to
principal in the name of such holder as indicated in the regis-
tration blank below, on the books kept by me for such purpose .
The principal of and interest on this Certificate shall be pay-
able only to the registered holder named in the below registra-
tion blanks . If the last transfer recorded on the books of
the Registrar and in the below registration blank shall be to
bearer, the principal and interest of this Certificate shall
be payable to bearer, and such Certificate shall be in all
respects negotiable .
Signature of
Name of Date of City Secretary
Registered Holder Registration (Registrar)
-6-
Section 8 . A special fund or account , to be designated
the "City of Pearland, Texas, Certificates of Obligation,
Series 1978, Interest and Sinking Fund" (hereinafter called
the "Interest and Sinking Fund") , is hereby created and shall
be established and maintained by the City at an official de-
pository bank of the City . The Interest and Sinking Fund shall
be kept separate and apart from all other funds and accounts of
the City and shall be used only for paying the interest on and
principal of the Certificates . All ad valorem taxes levied and
collected for and on account of the Certificates shall be de-
posited, as collected, to the credit of the Interest and Sinking
Fund. During each year while any of the Certificates are out-
standing and unpaid, the City Council of the City shall compute
and ascertain a rate and amount of ad valorem tax which will be
sufficient to raise and produce the money required to pay the
interest on the Certificates as such interest comes due and to
provide and maintain a sinking fund adequate to pay the principal
of the Certificates as such principal matures but never less than
2% of the original principal amount of the Certificates as a
sinking fund each year; and said tax shall be based on the latest
approved tax rolls of the City, with full allowance being made
for tax delinquencies and the cost of tax collection. Said rate
and amount of ad valorem tax are hereby levied, and are hereby
-7-
ordered to be levied, against all taxable property in the City
for each year while any of the Certificates are outstanding and
unpaid; and said tax shall be assessed and collected each such
year and deposited to the credit of the Interest and Sinking
Fund. Said ad valorem taxes sufficient to provide for the pay-
ment of the interest on and principal of the Certificates , as
such interest comes due and such principal matures , are hereby
pledged irrevocably for such payment within the limits prescribed
by law.
Section 9 . Claims incurred for the purposes set forth in
Section 3 hereof may be funded and exchanged for a like total
principal amount of Certificates, and any amount in excess of
the principal amount of Certificates authorized to be delivered
at any one time may be paid in cash or carried forward to a
subsequent exchange, or exchanges , of claims for Certificates .
However, none of the Certificates authorized by this ordinance
shall be delivered except pursuant to a further ordinance , or
ordinances, to be adopted by this City Council.
Section 10 . The Mayor and all other appropriate officers
of the City are hereby authorized and directed to do any and
all things necessary or convenient to carry out the provisions
of this ordinance .
Section 11. This ordinance shall take effect immediately
upon its passage following the second and final reading thereof .
Section 12 . It is hereby officially found and determined
that the need of the City for such financing creates an emer-
gency and an urgent public necessity for the holding, at the
scheduled time, of the meeting of the City Council at which
this ordinance is adopted and for the adoption of this ordi-
nance; and the NOTICE OF MEETING relating to said meeting
-8-
and heretofore posted by the City Secretary, and the posting
thereof, are hereby approved, adopted and ratified.
PASSED AND APPROVED this 24th day of April, 1978 .
/s/ Tom Reid
ATTEST: Mayor
CITY OF PEARLAND, TEXAS
/s/ Dorothy L. Cook
City Secretary
CITY OF PEARLAND, TEXAS
(SEAL)
-9-
NOTICE OF MEETING
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
NOTICE is hereby given of a meeting of the City Council
of the CITY OF PEARLAND, Brazoria and Harris Counties , Texas
(the "City" ) , to be held on the 8th day of May , 1978, at
7 : 30 p .m. in the :
City Hall
Pearland, Texas
for the purpose of considering and, if deemed advisable by
the City Council, adopting an ordinance authorizing issuance
of $290 ,000 Certificates of Obligation, Series 1978 , and for
the purpose of conducting, considering and acting upon such
other business as shall come before the meeting.
The need of the City for such financing creates an emer-
gency and an urgent public necessity for the holding of the
meeting and for the adoption of such ordinance at the meeting .
WITNESS MY HAND AND OFFICIAL SEAL OF THE CITY, this IL
day of May, 1978 .
/s/ Dorothy L . Cook
City Secretary
CITY OF PEARLAND , TEXAS
(SEAL)
AVISO DE REUNION
EL ESTADO DE TEXAS X
CONDADOS DE BRAZORIA Y HARRIS X
CIUDAD DE PEARLAND X
SE DA AVISO por la presente, de una reunion del Consejo
Municipal de la CIUDAD DE PEARLAND, Condados de Brazoria y
Harris, Texas (la "Ciudad") , a celebrarse el dla 8 de mayo
de 1978, a las 7 : 30 p.m. en el:
Cabildo Municipal
Pearland, Texas
con el proposito de considerar, y si el Consejo Municipal to
estima necesario, adoptar una ordenanza autorizando la
emision de Certificados de Obligacion por valor de $290 , 000 ,
Serie 1978 , y con el proposito de conducir, considerar y
actuar sobre cualquier otro asunto que se presentase ante la
reunion.
La necesidad de la Ciudad para tal finaciamiento crea
una emergencies y una urgente necesidad pfiblica para la cele-
bracion de la reunion y para la adopcion de dicha ordenanza
en el transcurso de la reunion.
DADO BAJO MI FIRMA Y EL SELLO OFICIAL DE LA CIUDAD,
este dla de mayo de 1978 .
/fdo/ Dorothy L. Cook
Secretaria de la Ciudad
CIUDAD DE PEARLAND , TEXAS
(SELLO)
CERTIFICATE OF POSTING OF
NOTICE OF MEETING
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
I, the undersigned officer of the CITY OF PEARLAND,
Brazoria and Harris Counties, Texas (the "City") , do hereby
execute this certificate for the benefit of all persons in-
terested in the posting of notice of a meeting of the City
Council of the City as required by the Open Meetings Act
(Article 6252-17, Vernon' s Texas Civil Statutes, as amended)
and the validity of all actions and proceedings taken at such
meeting and I do hereby certify as follows :
1. I am the duly chosen, qualified and acting officer
of the City for the office shown beneath my signature, and
in such capacity I am familiar with the matters contained in
this certificate.
2. The attached and foregoing are true and correct
copies in English and Spanish, respectively, of the Notice of
Meeting which was posted by me at /; is o ' clock P .m. on the
4f day of , 1978, in a place readily accessible
to the general publierat all times, to-wit :
A0- L , in the City Hall of the
CitY•
WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY, this
.-y, ,day of 1978 .
ity Secretar
CITY OF PEAR ND, TEXAS
(SEAL)
CERTIFICATE FOR ORDINANCE AUTHORIZING ISSUANCE OF
$290 , 000 CITY OF .PEARLAND, TEXAS , CERTIFICATES OF
OBLIGATION, SERIES 1978; RATIFYING CONTRACTS ; AND
CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
We, the undersigned officers of the CITY OF PEARLAND, TEXAS
(the "City" ) , do hereby certify as follows :
1 . That we are the duly chosen, qualified and acting
officers of the City for the offices shown below our signatures
and that as such we are familiar with the facts herein certified.
2 . That there is attached to and follows this certificate
an excerpt of proceedings from the minutes of a meeting of the
City Council of the City (the "City Council") which is a true ,
full and complete excerpt of all proceedings from the minutes of
the City Council pertaining to the adoption of the ordinance de-
scribed therein; and that the persons named in such excerpt as
the officers and members of the City Council or as officers of
the City are the duly chosen, qualified and acting officers and
members as indicated therein.
3 . That a true and complete copy of the ordinance (the
"Ordinance" ) , as adopted at the meeting described in such excerpt
from the minutes , is attached to and follows such excerpt .
4 . That the Ordinance has been duly and lawfully adopted
by the' City Council and that the Mayor of the City has approved,
and hereby approves , the Ordinance ; that the Mayor and the City
Secretary of the City have duly signed and attested the Ordinance
and each, respectively, hereby declares that the signing of this
certificate shall also constitute the signing of the Ordinance
for all purposes ; and that the Ordinance, as signed, has been
duly recorded in the minutes of the City Council for such meeting.
5 . That each of the officers and members of the City
Council was duly and sufficiently notified officially and per-
sonally, in advance, of the date, hour, place and subject of
such meeting of the City Council, and that the Ordinance would
be introduced and considered for passage at such meeting, and
each of such officers and members consented, in advance , to the
holding of such meeting to consider and act upon such subject .
6 . That written notice of the meeting of the City Council
described in the excerpt from the minutes was posted in the form
and manner required by law; and that such meeting was open to the
public as required by law at all times during which the Ordinance
and the subject matter thereof were discussed, considered and
formally acted upon, all as required by the Open Meetings Act ,
Article 6252-17 , Vernon ' s Texas Civil Statutes , as amended.
SIGNED AND SEALED the 8th day of May , 1978 •
City Secretary Mayor
(SEAL)
•
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
The City Council of the City of Pearland, Texas , convened
in regular meeting, open to the public , on the 8th day of May ,
1978, at the City Hall, and the 'roll was called of the duly
constituted officers and members of the City Council and the
City Secretary of the City, to-wit :
Tom Reid Mayor
Dennis Frauenberger Councilman
Harry Farley Councilman
Fran Coppinger Councilman
Morris S . Wilson Councilman
Carlton McComb Councilman
Dorothy L. Cook City Secretary
and all of .said persons were present , except the following ab-
sentees : Councilman Frauenberger 6 Councilman Farley
thus constituting a quorum. Whereupon, among other business ,
the following was transacted at said meeting : a written ordi-
nance entitled:
ORDINANCE AUTHORIZING ISSUANCE OF $290,000 CITY
OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION,
SERIES 1978; RATIFYING CONTRACTS; AND CONTAINING
OTHER PROVISIONS RELATING TO THE SUBJECT
(the "Ordinance") was duly introduced for the consideration
of the City Council and was read and considered by the City
Council, the Ordinance being the same ordinance which was
heretofore read, considered and adopted by the City Council
at its regular meeting on April 24 , 1978 . It was then duly
moved and seconded that the Ordinance be passed; and, after
due discussion, the motion, carrying with it the passage of
the Ordinance , prevailed and carried by the following vote :
AYES : All members of the City Council shown
present above voted "Aye" .
NOES : None .
The Mayor thereupon announced that the Ordinance had been duly
and lawfully adopted. The Ordinance thus adopted follows :
ORDINANCE AUTHORIZING ISSUANCE OF $290 ,000 CITY
OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION,
SERIES 1978 ; RATIFYING CONTRACTS;. AND CONTAINING
OTHER PROVISIONS RELATING TO THE SUBJECT
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND . §
WHEREAS , the City Council of the CITY OF PEARLAND , TEXAS
(the "City" ) , authorized the publication of a notice to bidders
to the effect that competitive bids would be received by the
City Council on March 27, 1978, for constructing and equipping
public works for the City, to-wit : (1) swimming pools and
appurtenances , and (2) a municipal equipment maintenance and
storage building, sometimes called a "City Service Center"; and
WHEREAS, such notice was published at the times and in the
manner required by the Constitutions and laws of the State of
Texas and of the United States of America, respectively , par-
ticularly Article 2368a. 1, Vernon' s Texas Civil Statutes , as
amended; and
WHEREAS, on the date specified in said notice the City
Council caused the bids received to be opened and said bids
have been tabulated and the following has been determined to
be the lowest and best bid :
Amount
Bidder of Bid
P . G. Bell Company $493 ,300
P . 0. Box 2651
Houston, Texas 77001
and the City Council has heretofore determined to accept such
bid and has entered into a contract pursuant thereto ; and
WHEREAS , it is hereby found and determined that such bid
in every respect meets the specifications mentioned in the notice
to bidders; and
WHEREAS, the said bidder elected at the time of the re-
ceipt by the City Council of such bid to assign such certifi-
cates without discount to the PEARLAND STATE BANK, Pearland,
Texas , with whom the City Council has made provision for such
assignment ; and
WHEREAS, no bids were received for constructing and equip-
ping a municipal equipment maintenance and storage building,
sometimes called a "City Service Center" ; and
WHEREAS, it is hereby found and determined that the City
Council- is authorized to proceed with the issuance of said cer-
tificates of obligation in accordance with the terms and provi-
sions of this ordinance;
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PEARLAND THAT :
Section 1 . The facts and recitations contained in the
preamble of this ordinance are hereby found and declared to be
true and correct .
Section 2 . The City Council hereby approves , ratifies and
confirms in all respects the contract with P . G . Bell Company
mentioned in the preamble of this ordinance .
Section 3 . The City ' s negotiable certificates of obliga-
tion, to be designated CITY OF PEARLAND , TEXAS , CERTIFICATES OF
OBLIGATION, SERIES 1978 (hereinafter called the "Certificates" ) ,
are hereby authorized to be issued and delivered in the principal
amount of $290,000 for the purpose of evidencing the indebtedness
of the City for all or any part of the cost of constructing and
equipping public works for the City, to-wit : swimming pools and
appurtenances , including the cost of professional services in
connection therewith, in strict conformity with the Constitution
-2-
and laws of the State of Texas , particularly Article 2368a . 1 ,
Vernon' s Texas Civil Statutes , as amended.
Section 4 . The Certificates shall be dated May 1, 1978,
shall be numbered consecutively from 1 through 58, shall be
in the denomination of $5, 000 each and shall mature serially
on February 1 of each of the years , and in the amounts , respec-
tively, set forth in the following schedule :
YEAR AMOUNT
1979 $15 , 000
1980 20,000
1981 20 ,000
1982 20, 000
1983 20 ,000
1984 20,000
1985 25,000
1986 30 ,000
1987 60,000
1988 60,000
Section 5 . The Certificates shall bear interest from the
date of initial delivery shown on the face of each Certificate
at the rate of 5 . 00% per annum, interest payable on the dates
indicated in the FORM OF CERTIFICATE set forth in this ordinance .
Section 6 . The Certificates shall be registrable both as
to principal and interest , shall be payable , and shall have the
characteristics , and shall be signed and executed (and the Cer-
tificates shall be sealed) , all as provided and in the manner
indicated in the FORM OF CERTIFICATE set forth in this ordinance .
Section 7 . The form of Certificates , including the form
of the Certificate of Registration, shall be , respectively ,
substantially as follows :
FORM OF CERTIFICATE :
NO . $5 ,000
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTIES OF BRAZORIA AND HARRIS
-3-
CITY OF PEARLAND, TEXAS
CERTIFICATE OF OBLIGATION
SERIES 1978
ON FEBRUARY 1, 19 , the CITY OF PEARLAND : (hereinafter
called the "City") , in the Counties of Brazoria and Harris , in
the State of Texas , promises to pay to bearer or, if this Cer-
tificate is registered, to the registered owner hereof, the
principal amount of
FIVE THOUSAND DOLLARS
and to pay interest thereon, FROM THE DATE OF INITIAL DELIVERY
SHOWN ON THE FACE HEREOF, to bearer or, if this Certificate is
registered, to the registered owner hereof, at the rate of 5 . 00%
per annum, interest payable February 1, 1979 , and semiannually
thereafter on each August 1 and February 1 while this Certifi-
cate is outstanding. Both the principal of and interest on this
Certificate shall be payable , without exchange or collection
charges to the owners or holders , upon presentation and , in the
case of the principal when due, surrender of this Certificate
at the PEARLAND STATE BANK, Pearland, Texas , which shall be the
paying agent for this series of Certificates .
THIS CERTIFICATE is one of a series of negotiable , regis-
trable Certificates of Obligation, dated May 1, 1978 , numbered
from 1 through 58, in the denomination of $5, 000 each, aggregating
$290 , 000, issued in accordance with the Constitution and laws of
the State of Texas , particularly Article 2368a . 1, Vernon' s Texas
Civil Statutes, as amended, for the purpose of evidencing the in-
debtedness of the City for all or any part of the cost of con-
structing and equipping public works for the City, to-wit :
swimming pools and appurtenances , including the cost of profes-
sional services in connection therewith, and pursuant to an
-4-
MIME. . - IMMO 'm mmm mmw .ram
ordinance adopted by the City 'Council of the City on the 24th
day of April, 1978 .
IT IS HEREBY certified, recited, and covenanted that this
Certificate has been duly and validly authorized, issued , and de-
livered; that all acts , conditions, and things required or proper
to be performed, exist , and be done precedent to or in the issu-
ance and delivery of this Certificate, have been performed,
existed, and been done in accordance with law; that annual ad
valorem taxes sufficient to provide for the payment of the inter-
est on and principal of this Certificate, as such interest comes
due and such principal matures , have been levied and ordered to
be levied against all taxable property in the City and have been
pledged irrevocably for such payment within the limits prescribed
by law; that this Certificate shall be a debt of the City within
the meaning of Article XI, Sections 5 and 7 of the Constitution
of Texas ; and that , when delivered, this Certificate shall be
deemed and construed (i) to be a "Security" within the meaning
of Chapter 8, Investment Securities, Uniform Commercial Code
(Chapter 785, Acts of the 60th Legislature, Regular Session,
1967 ) , and (ii) to be a general obligation of the City within
the meaning of Chapter 784 , Acts of the 61st Legislature of Texas ,
Regular Session, 1969 .
THIS CERTIFICATE shall be transferable by delivery unless
registered as to principal in the owner ' s name upon books of the
City to be kept for that purpose at the office of the City Secre-
tary of the City, the registrar, such registration to be noted
hereon. After such registration, no transfer of this Certificate
shall be valid unless made on said books at the request of the
registered owner hereof, or his duly authorized agent , and simi-
larly noted hereon; but this Certificate may be discharged from
-5-
registration by being in like manner transferred to bearer,
whereupon transferability by delivery shall be restored; and this
Certificate may again and from time to •time be registered or made
payable to bearer as before .
IN WITNESS WHEREOF, this Certificate of Obligation has been
signed by the Mayor of the City and countersigned by the City
Secretary of the City, and the official seal of the City has been
duly impressed, or placed in facsimile , on this Certificate .
DATE OF INITIAL DELIVERY OF THIS CERTIFICATE :
xxxxxxxxxx
COUNTERSIGNED : Mayor
City of Pearland, Texas
xxxxxxxxxx
City Secretary
City of Pearland, Texas
(SEAL)
CERTIFICATE OF REGISTRATION:
IT IS HEREBY CERTIFIED that , at the request of the holder
of the within Certificate, I have this day registered it as to
principal in the name of such holder as indicated in the regis-
tration blank below, on the books kept by me for such purpose .
The principal of and interest on this Certificate shall be pay-
able only to the registered holder named in the below registra-
tion blanks . If the last transfer recorded on the books of
the Registrar and in the below registration blank shall be to
bearer , the principal and interest of this Certificate shall
be payable to bearer, and such Certificate shall be in all
respects negotiable .
Signature of
Name of Date of City Secretary
Registered Holder Registration (Registrar)
-6-
Section 8 . A special fund or account , to be designated
the "City of Pearland, Texas , Certificates of Obligation,
Series 1978, Interest and Sinking Fund" (hereinafter called
the "Interest and Sinking Fund") , is hereby created and shall
be established and maintained by the City at an official de-
pository bank of the City . The Interest and Sinking Fund shall
be kept separate and apart from all other funds and accounts of
the City and shall be used only for paying the interest on and
principal of the Certificates . All ad valorem taxes levied and
collected for and on account of the Certificates shall be de-
posited, as collected, to the credit of the Interest and Sinking
Fund. During each year while any of the Certificates are out-
standing and unpaid, the City Council of the City shall compute
and ascertain a rate and amount of ad valorem tax which will be
sufficient to raise and produce the money required to pay the
interest on the Certificates as such interest comes due and to
provide and maintain a sinking fund adequate to pay the principal
of the Certificates as such principal matures but never less than
2% of the original principal amount of the Certificates as a
sinking fund each year; and said tax shall be based on the latest
approved tax rolls of the City, with full allowance being made
for tax delinquencies and the cost of tax collection. Said rate
and amount of ad valorem tax are hereby levied, and are hereby
-7-
and heretofore posted by the. City Secretary, and the posting
thereof, are hereby approved, adopted and ratified.
PASSED AND APPROVED this 8th day of May , 1978 .
/s/ Tom Reid
ATTEST: Mayor
CITY OF PEARLAND , TEXAS
/s/ Dorothy L. Cook
City Secretary
CITY OF PEARLAND , TEXAS
(SEAL)
-9-
NOTICE OF MEETING
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
NOTICE is hereby given of a meeting of the City Council
of the CITY _OF PEARLAND, Brazoria and Harris Counties , Texas
(the "City" ) , to be held on the 17th day of July , 1978 , at
7 : 30 p .m. in the :
City Hall
Pearland, Texas
for the purpose of adopting a resolution approving claim and
authorizing issuance of Certificates of Obligation, Series 1978,
and for the purpose of conducting, considering and acting upon
such other business as shall come before the meeting.
The need of the City for such financing creates an emer-
gency and an urgent public necessity for the holding of the
meeting and for the adoption of such resolution at the meeting.
WITNESS MY HAND AND OFFICIAL SEAL OF THE CITY, this 17
day of July, 1978.
/s/ Dorothy L. Cook
City Secretary
CITY OF PEARLAND, TEXAS
(SEAL)
�. �.� �... - r..m r moms "mum - ...r1 - �.1 .111
CERTIFICATE OF POSTING OF
NOTICE OF MEETING
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
I , the undersigned officer of the CITY OF PEARLAND,
Brazoria and Harris Counties , Texas (the "City" ) , do hereby
execute this certificate for the benefit of all persons in-
terested in the posting of notice of a meeting of the City
Council of the City as required by the Open Meetings Act
(Article 6252-17 , Vernon ' s Texas Civil Statutes , as amended)
and the validity of all actions and proceedings taken at such
meeting and I do hereby certify as follows :
1 . I am the duly chosen, qualified and acting officer
of the City for the office shown beneath my signature , and
in such capacity I am familiar with the matters contained in
this certificate .
2 . The attached and foregoing is a true and correct
copy of the Notice of Meeting which was posted by me at
/(.$O o ' clock A .m. on the 11 day of S / , 1978 ,
in a place readily accessible to the genera/ p olic t all
times, to-wit : 02355 Y .
aea4 , in the City Hall of the City .
WITNESS MY AND AND THE OFFICIAL SEAL OF THE CITY, this
l7 day of , 1978 .
-`City Secretar `t �i
CITY OF PEARLAND, TEXAS
(SEAL)
•
ACKNOWLEDGMENT OF NOTICE OF SPECIAL
MEETING; WAIVER AND RATIFICATION
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
I acknowledge that I received timely and sufficient notice
of the special meeting of the City Council of the CITY OF
PEARLAND held on the 17th day of July, 1978 , at which a
resolution approving claim and authorizing the issuance of
Certificates of Obligation was adopted; and I hereby waive
any and all defects and irregularities , if any, relating to
such notice; and I hereby ratify, adopt, and confirm all
proceedings had by said City Council at said meeting .
WITNESS MY HAND this jt day • " August, 1978 .
Itil°'
�� 1 )
'PNIS F• "SENBERGER oof
pm. emm pm= pin.m omm mimm mom Maim am. r r mom' arum mm,
CERTIFICATE FOR RESOLUTION APPROVING CLAIM
AND AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATION
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
We, the undersigned officers of the CITY OF PEARLAND,
TEXAS (the "City" ) , do hereby certify as follows :
1 . That we are the duly chosen, qualified and acting
officers of the City for the offices shown below our signatures
and that as such we are familiar with the facts herein certified.
2 . That there is attached to and follows this certificate
an excerpt of proceedings from the minutes of a meeting of the
City Council of the City (the "City Council" ) which is a true ,
full and complete excerpt of all proceedings from the minutes of
the City Council pertaining to the adoption of the resolution de-
scribed therein; and that the persons named in such excerpt as
the officers and members of the City Council or as officers of
the City are the duly chosen, qualified and acting officers and
members as indicated therein.
3 . That a true and complete copy of the resolution (the
"Resolution") , as adopted at the meeting described in such excerpt
from the minutes , is attached to and follows such excerpt .
4 . That the Resolution has been duly and lawfully adopted
by the City Council and that the Mayor of the City has approved,
and hereby approves , the Resolution; that the Mayor and the City
Secretary of the City have duly signed and attested the Resolutior.
and each, respectively , hereby declares that the signing of this
certificate shall also constitute the signing of the Resolution
for all purposes ; and that the Resolution, as signed, has been
duly recorded in the minutes of the City Council for such meeting .
5 . That each of the officers and members of the City
Council was duly and sufficiently notified officially and per-
sonally, in advance , of the date , hour, place and subject of
such meeting of the City Council, and that the Resolution would
be introduced and considered for passage at such meeting , and
each of such officers and members consented, in advance , to the
holding of such meeting to consider and act upon such subject .
6 . That written notice of the meeting of the City Council
described in the excerpt from the minutes was posted in the form
and manner required by law; and that such meeting was open to the
public as required by law at all times during which the Resolution
and the subject matter thereof were discussed, considered and
formally 'acted upon, all as required by the Open Meetings Act ,
Article 6252-17, Vernon' s Texas Civil Statutes , as amended.
SIGNED AND SEALED this 17th day of July, 1978 .
OY12
City cretary Mayor
(SEAL)
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THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
The City Council of the City of Pearland, Texas , convened
in special meeting, open to the public , on the 17th day of
July, 1978, at the City Hall , and the roll was called of the
duly constituted officers and members of the City Council and
the City Secretary of the City, to-wit :
Tom Reid Mayor
Dennis Frauenberger Councilman
Harry Farley Councilman
Fran Coppinger Councilman
Morris S . Wilson Councilman
Carlton McComb Councilman
Dorothy L. Cook City Secretary
and all of said persons were present , except the following ab-
sentees : ettinf�yr►dn 4141. 7
thus constituting a quorum. Whereupon, among o her business ,
the following was transacted at said meeting: a written resolu-
tion entitled :
RESOLUTION APPROVING CLAIM AND AUTHORIZING
THE ISSUANCE OF CERTIFICATES OF OBLIGATION
(the "Resolution" ) was duly introduced for the consideration
of the City Council and reviewed in full . It was then duly
moved and seconded that the Resolution be passed; and, after
due discussion, the motion, carrying with it the passage of
the Resolution, prevailed and carried by the following vote :
AYES : All members of the City Council shown
present above voted "Aye" .
NOES : None .
The Mayor thereupon announced that the Resolution had been duly
and lawfully adopted. The Resolution thus adopted follows :
r-- �-- r-- P"a' W •w memo Wawa ~ft .lama --q --, milm, --,
RESOLUTION APPROVING CLAIM AND AUTHORIZING
THE ISSUANCE OF CERTIFICATES OF OBLIGATION
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
WHEREAS, the City Council of the CITY OF PEARLAND, TEXAS
(the "City" ) , by resolution adopted February 27 , 1978 , found
that it was necessary and desirable for the City to construct
and equip public works for the City, to-wit : swimming pools
and appurtenances , and that certificates of obligation be
issued by the City for all or any part of the cost of same ; and
WHEREAS, the City Council gave due and proper notice to
bidders of the time and place when and where a contract , or
contracts , for such construction and equipment would be let
and due and proper notice of its intention to issue such cer-
tificates of obligation; and
WHEREAS, the City Council thereafter awarded a contract
to P . G . BELL COMPANY, Houston, Texas (the "Contractor" ) in
the amount of $453,873 . 00 , as the lowest and best bid for the
furnishing of such construction and equipment and the Contractor
at the time of the receipt of such bid elected to assign such
certificates in payment for all or any part of the cost of the
contract in accordance with the arrangements made by the City
Council; and
WHEREAS, the Contractor, as shown on a true copy of its
Claim No . 1, attached hereto as Exhibit "A" and made a part
hereof as if fully written herein, has submitted said claim
pursuant to said contract ; and
WHEREAS, the City has received the full benefits of such
contract represented by said claim to the full extent thereof
and to the full extent of the certificates of obligation here-
inafter authorized to be delivered; and no person, corporation
or trust estate has given notice in writing or otherwise to the
City, or to any official thereof, of any liens for any materials ,
apparatus , fixtures , machinery or labor furnished to the Con-
tractor as provided by Chapter 17 , Acts of the Legislature of
Texas, 1925 (Article 5472-a, Vernon' s Texas Civil Statutes ) ,
or any other provision of law; and
WHEREAS, the City does not hold a claim of any kind or
character which might be properly charged or interposed as an
offset or counterclaim to the payment of the aforesaid claim;
and
WHEREAS, said claim has been assigned to Pearland State
Bank, Pearland, Texas , without discount, and said bank is now
the legal owner and holder thereof; and
WHEREAS, the City Council of the City wishes to approve
said claim and authorize the payment thereof by the issuance
and delivery of certain of said certificates of obligation,
all as shown on said Exhibit "A" and as hereinafter set out :
AMOUNT TO BE AMOUNT TO BE
CLAIMANT PAID NOW CARRIED FORWARD
P . G . Bell Company $5, 000 .00 $1,684 . 30
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS THAT:
Section 1 . The matters and facts contained in the preamble
of this resolution are hereby found and declared to be true and
correct .
Section 2 . The claim described in the preamble of this
resolution and fully set forth in Exhibit "A" mentioned in said
preamble shall be , and the same is hereby , approved and allowed,
and the City hereby acknowledges receipt of the full benefits
represented by said claim to the full extent thereof and to the
full extent of the certificates of obligation herein authorized
to be delivered; and the City hereby recognizes and approves the
-2-
transfer and assignment of said claim and account to Pearland
State Bank, Pearland, Texas .
Section 3 . There is now due and owing to said bank the
sum of $5, 000. 00 and to the Contractor the sum of $1 ,684 . 30 .
Section 4 . There shall be executed and delivered to said
bank Certificate No . 1, aggregating $5,000 , of the CITY OF
PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1978 ,
dated May 1 , 1978, and the sum of $1 ,684 . 30 shall be carried
forward to the next delivery of such Certificates to the Con-
tractor.
Section 5 . The Mayor, City Secretary , City Treasurer,
and other appropriate City officials , are hereby authorized and
directed to deliver said Certificate above mentioned and to do
any and all things necessary or convenient to carry out the
terms of this resolution.
PASSED AND APPROVED this 17th day of July, 1978 .
/s/ Tom Reid
ATTEST:
Mayor
CITY OF PEARLAND , TEXAS
/s/ Dorothy L. Cook
City Secretary
CITY OF PEARLAND, TEXAS
(SEAL)
-3-
EXHIBIT "A"
Claim No . 1 Dated : July 17, 1978
of P . G . Bell Company (the "Contractor" ) , against the City of
Pearland, Texas (the "City") , as per contract in the amount
of $453, 873 . 00 , between the City and the Contractor :
1. Total completed to date $7 ,427 . 00
2 . Less previous payments None
3 . Less 10% retainage 742 . 70
4 . Current payment due 6 ,684 . 30
5 . Amount to be paid Contractor by issuance
of Certificates of Obligation 5 , 000 . 00
6 . Carry-over to next claim 1 ,684 . 30
The amount shown in line 4 above represents our claim
against the City of Pearland, Texas , for performance under and
in conformity with the terms and conditions of the contract
described above; and $5,000 . 00 of such claim has been and is
hereby assigned in full, without discount , to Pearland State
Bank, Pearland, Texas .
P . G . BELL COMPANY
By
(Authorized Representative )
(SEAL)
(Title )
All materials and supplies represented by the claim shown
in line 4 above are in full accordance with the terms and con-
ditions of the contract described above, and such claim is
hereby in all things approved for payment by the City .
MALCOLM A . COLLINS, ENGINEER
By
•
NOTICE OF MEETING
THE STATE OF TEXAS §
COUNTIE:" OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
NOTICE is hereby given of a meeting of the City Council
of the CITY OF PEARLAND, Brazoria and Harris Counties , Texas
(the "City") , to be held on the 14th day of August, 1978 , at
7 : 30 p.m. in the :
City Hall
Pearland, Texas
for the purpose of adopting a resolution approving claim and
authorizing issuance of Certificates of Obligation, Series 1978 ,
and for the purpose of conducting, considering and acting upon
such other business as shall come before the meeting.
The need of the City for such financing creates an emer-
gency and an urgent public necessity for the holding of the
meeting and for the adoption of such resolution at the meeting.
WITNESS MY HAND AND OFFICIAL SEAL OF THE CITY, this 11
day of August, 1978 .
/s/ Dorothy L. Cook
City Secretary
CITY OF PEARLAND, TEXAS
(SEAL)
rim '"' r. �".. r"' rm. r...� .•r, ".111111 "IN -, — mml1
•
CERTIFICATE OF POSTING OF
NOTICE OF MEETING
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
I , the undersigned officer of the CITY OF PEARLAND,
Brazoria and Harris Counties , Texas (the "City" ) , do hereby
execute this certificate for the benefit of all persons in-
terested in the posting of notice of a meeting of the City
Council of the City as required by the Open Meetings Act
(Article 6252-17, Vernon' s Texas Civil Statutes , as amended)
and-the validity of all actions and proceedings taken at such
meeting and I do hereby certify as follows :
1 . I am the duly chosen, qualified and acting officer
of the City for the office shown beneath my signature , and
in such capacity I am familiar with the matters contained in
this certificate .
2 . The attached and foregoing is a true and correct
copy of the Notice of Meeting which was posted by me at
o ' clock .m. on the day of , 1978 ,
i44=k0place rea Aly accessible2ko the generalA' cic at all
times, to-wit :
inat4ket4ftloaff411 of the City .
WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY, this
-' day of August 1978 .
ity Secreta
CITY OF PEA AND, TEXAS
(SEAL)
CERTIFICATE FOR RESOLUTION APPROVING CHANGE ORDER AND CLAIM
AND AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATION
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
We, the undersigned officers of the CITY OF PEARLAND,
TEXAS (the "City") , do hereby certify as follows :
1. That we are the duly chosen, qualified and acting
officers of the City for the offices shown below our signatures
and that as such we are familiar with the facts herein certified.
2 . That there is attached to and follows this certificate
an excerpt of proceedings from the minutes of a meeting of the
City Council of the City (the "City Council") which is a true ,
full and complete excerpt of all proceedings from the minutes of
the City Council pertaining to the adoption of the resolution de-
scribed therein; and that the persons named in such excerpt as
the officers and members of the City Council or as officers of
the City are the duly chosen, qualified and acting officers and
members as indicated therein.
3 . That a true and complete copy of the resolution (the
"Resolution") , as adopted at the meeting described in such excerpt
from the minutes , is attached to and follows such excerpt.
4 . That the Resolution has been duly and lawfully adopted
by the City Council and that the Mayor of the City has approved,
and hereby approves , the Resolution; that the Mayor and the City
Secretary of the City have duly signed and attested the Resolution
and each, respectively, hereby declares that the signing of this
certificate shall also constitute the signing of the Resolution
for all purposes; and that the Resolution, as signed, has been
duly recorded in the minutes of the City Council for such meeting .
5. That each of the officers and members of the City
Council was duly and sufficiently notified officially and per-
sonally, in advance, of the date, hour, place and subject of
such meeting of the City Council, and that the Resolution would
be introduced and considered for passage at such meeting , and
each of such officers and members consented, in advance , to the
holding of such meeting to consider and act upon such subject.
6 . That written notice of the meeting of the City Council
described in the excerpt from the minutes was posted in the form
and manner required by law; and that such meeting was open to the
public as required by law at all times during which the Resolution
and the subject matter thereof were discussed, considered and
formally acted upon , all as required by the Open Meetings Act,
Article 6252-17, Vernon' s Texas Civil Statutes , as amended.
SIGNED AND SEALED this 14th day of August, 197:
City e ret ry Mayor
(SEAL)
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
The City Council of the City of Pearland, Texas , convened
in regular meeting, open to the public, on the 14th day of
August, 1978, at the City Hall, and the roll was called of
the duly constituted officers and members of the City Council
and the City Secretary of the City, to-wit:
Tom Reid Mayor
Dennis Frauenberger Councilman
Harry Farley Councilman
Fran Coppinger Councilman
Morris S . Wilson Councilman
Carlton McComb Councilman
Dorothy L. Cook City Secretary
and all of said persons were present, except the following ab-
sentees :
thus constituting a quorum. Whereupon, among other business ,
the following was transacted at said meeting : a written resolu-
tion entitled:
RESOLUTION APPROVING CHANGE ORDER AND CLAIM AND
AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATION
(the "Resolution") was duly introduced for the consideration
of the City Council and reviewed in full. It was then duly
moved and seconded that the Resolution be passed; and, after
due discussion, the motion, carrying with it the passage of
the Resolution, prevailed and carried by the following vote :
AYES : All members of the City Council shown
present above voted "Aye" .
NOES : None.
The Mayor thereupon announced that the Resolution had been duly
and lawfully adopted. The Resolution thus adopted follows :
RESOLUTION APPROVING CHANGE ORDER AND CLAIM AND
AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATION
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
WHEREAS, the City Council of the CITY OF PEARLAND, TEXAS
(the "City") , by resolution adopted February 27 , 1978 , found
that it was necessary and desirable for the City to construct
and equip public works for the City , to-wit: swimming pools
and appurtenances, and that certificates of obligation should
be issued by the City for all or any part of the cost of same;
and
WHEREAS, the City Council gave due and proper notice to
bidders of the time and place when and where a contract, or
contracts, for such construction and equipment would be let
and due and proper notice of its intention to issue such cer-
tificates of obligation; and
WHEREAS, the City Council thereafter awarded a contract
to P. G. BELL COMPANY, Houston, Texas (the "Contractor") in
the amount of $453 , 873. 00 (the original amount of $493 , 000 . 00
having been reduced to $453 , 873 .00 by Change Order No. 1, a
true copy of which is attached hereto as Exhibit "A" and made
a part hereof for all purposes) , as the lowest and best bid
for the furnishing of such construction and equipment and the
Contractor at the time of the receipt of such bid elected to
assign such certificates in payment for all or any part of the
cost of the contract in accordance with the arrangements made
by the City Council; and
WHEREAS, the Contractor, as shown on a true copy of its
Claim No. 2 , attached hereto as Exhibit "B" and made a part
hereof as if fully written herein, has submitted said claim
pursuant to said contract; and
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WHEREAS, the City has received the full benefits of such
contract represented by said claim to the full extent thereof
and to the full extent of the certificates of obligation here-
inafter authorized to be delivered; and no person , corporation
or trust estate has given notice in writing or otherwise to the
City, or to any official thereof, of any liens for any materials ,
apparatus, fixtures , machinery or labor furnished to the Con-
tractor as provided by Chapter 17 , Acts of the Legislature of
Texas, 1925 (Article 5472-a, Vernon' s Texas Civil Statutes) ,
or any other provision of law; and
WHEREAS, the City does not hold a claim of any kind or
character which might be properly charged or interposed as an
offset or counterclaim to the payment of the aforesaid claim;
and
WHEREAS , said claim has been assigned to Pearland State
Bank, Pearland, Texas , without discount, and said bank is now
the legal owner and holder thereof; and
WHEREAS, the City Council of the City wishes to approve
said claim and authorize the payment thereof by the issuance
and delivery of certain of said certificates of obligation,
all as shown on said Exhibit "B" and as hereinafter set out:
AMOUNT TO BE AMOUNT TO BE
CLAIMANT PAID NOW CARRIED FORWARD
P. G. Bell Company $165, 000 . 00 $520 . 30
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS THAT:
Section 1. The matters and facts contained in the preamble
of this resolution are hereby found and declared to be true and
correct.
Section 2 . Change Order No. 1 relating to the contract
of the City with P. G. Bell Company, and mentioned in the pre-
amble of this resolution as Exhibit "A" hereof , is hereby
approved, readopted and ratified.
-2-
Section 3 . The claim described in the preamble of this
resolution and fully set forth in Exhibit "B" mentioned in said
preamble shall be, and the same is hereby, approved and allowed,
and the City hereby acknowledges receipt of the full benefits
represented by said claim to the full extent thereof and to the
full extent of the certificates of obligation herein authorized
to be delivered; and the City hereby recognizes and approves the
transfer and assignment of said claim and account to Pearland
State Bank, Pearland, Texas.
Section 4 . There is now due and owing to said bank the
sum of $165, 000 . 00 and to the Contractor the sum of $520 . 30 .
Section 4 . There shall be executed and delivered to said
bank Certificates Nos . 2 through 34 , aggregating $165, 000 , of
the CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES
1978 , dated May 1, 1978 , and the sum of $520 . 30 shall be carried
forward to the next delivery of such Certificates to the Con-
tractor.
Section 5. The Mayor, City Secretary, City Treasurer,
and other appropriate City officials , are hereby authorized and
directed to deliver said Certificates above mentioned and to
do any and all things necessary or convenient to carry out the
terms of this resolution.
PASSED AND APPROVED this 14th day of August, 1978 .
/s/ Tom Reid
ATTEST:
Mayor
CITY OF PEARLAND, TEXAS
/s/ Dorothy L. Cook
City Secretary
CITY OF PEARLAND, TEXAS
(SEAL)
-3-
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EXHIBIT "A"
ICI
1 1 J C 0, INC .----
CiINSULTING ENGINEIEIRS
221 S. Gordon---Alvin, Texas 77511
P. O. Box 1388
713/331-4407-8
18 May 1978
Our File: GG-456
Re: Swimming Pool , Pool
Building & Appurte-
nances in Independence
Park, Pearland, Tx.
CHANGE ORDER # 1
To: P. G. Bell Co. , Contractor
P.O. Box 2651
Houston, Texas 77001
This Change Order # 1 on the above referenced project is made with the authorization
from the City Council of the City of Pearland to change or delete from the original
Plans on the swimming pool and pool building in order to reduce the total contract
price. The changes are as follows:
I . Swimming Pool Revisions
1. The area around the pool and for approximately 2 ft. to 3 ft. on the
inside of the swimming pool perimeter has been filled with compacted
fill approximately 2 ft. above the original grade. The total swimming
pool shall now be raised approximately 2 feet including the bottom and
all other things as shown in the original drawings pertaining to the
swimming pool itself, in order to eliminate any necessary well pointing
and to allow the pool to be built above any water-bearing sand.
2. The underdrains shall be omitted in all of the swimming pool area that
is shallow, in other words will be underdrains in the diving area or
deep area of the pool only as shown on the attached revised drawing
GG-456 SP2.
3. The original 18 inch well has been changed to a 12 inch riser and located
just inside the decking near the pool as shown on sheet GG-456 SP2 attach-
ed.
4. The six inch backwash line from the filters shall be rerouted to run be-
tween the childrens pool and the main pool and eliminate approximately
53 linear feet of 6 inch backwash line.
II . Plumbing Revisions
1. The hot and cold water system shall be revised to be a tempered water
system. The tempered water will serve the showers and the lavatories.
CIVIL - ELECTRICAL - MUNICIPAI. - PLANNING - STRUCT'UR,\1, - St 'Iz\-TYING
Exhibit "A" - Page 1
•
Each shower shall have 1 control only to adjust the amount of water,
but there will be no adjustment at the individual showers for the
temperature of the water.
2. The cast iron wasteline as shown on the drawing shall be changed to
heavy wall PVC line.
3. The carriers for the urinals as noted in the specifications shall be
eliminated.
III. Millwork Revisions
1. As per the attached drawing GG-456 BH1 the formica screen and framing
and 4 x 4 posts will be omitted and changed as shown. The well cabinet
will also be omitted and a masonery screen wall will be extended to the
existing counter approximately 6 foot 8 inches in height. The check
counter has been revised using standard counter and counter top with
1'2 inch return as shown on said drawing. All the shelving in the equip-
ment room will be on KV metal standards and brackets with 12 inch shelving
instead the built up shelf units as shown on the original plans. The red-
wood benches will be constructed of 2 x 6 with overall dimensions of the
benches being 17-1/4 inches , 23 inches and 34-1/2 inches as shown on the
attached drawing GG-456 BH1. Also there are other benches that will be
revised to approximately 11-1/2 inches in width in the men' s dressing
room.
IV. Pool Decks
1. The pool decks have been revised according to the attached drawing GG-456 SP5
eliminating over 2,000 square feet of area.
V. Post Tension Slab
1. The foundation shall be revised from the standard reinforced concrete slab
and beam as shown on the original drawings to a complete post-tension slab
and foundation. The contractor shall submit the necessary shop drawings
for approval by the Engineer on this revised slab foundation
These revisions to the Plans & Specifications will result in a total deduction from
the contract bid price of $39,427.00. This results in a total contract price for the
swimming pool and pool building & appurtenance of $417,973.00, and including the parking
area of $35,900.00 will result in a complete total contract price in accordance with
Contract dated 8 May 1978 of, $453,873.00> This Change Order supercedes , replaces and
revises the oriyinal Plans, Specifications and Contract Documents and will form a part
of the same.
Prepared & Approved By:
COENCO, Inc.
Consulting Engineers
By:
Malcolm A. Collins, P. E.
APPROVED & ACCEPTED BY: APPROVED & ACCEPTED BY:
CONTRACTOR OWNER
P. G 11 Co. CITY OF\PEARLAND /
Ali
Paul G. Bell , res. Tom Reid, Mayor
Exhibit "A" - Page 2
EXHIBIT "B"
Claim No. 2 Dated: August 14 , 1978
of P. G. Bell Company (the "Contractor") , against the City of
Pearland, Texas (the "City") , as per contract in the amount of
$453, 873 . 00 , between the City and the Contractor:
1. Total completed to date $189 , 467 . 00
2 . Less 10% retainage 18 ,946 . 70
3 . Less previous payments 5, 000 . 00
4 . Current payment due 165, 520. 30
5. Amount to be paid Contractor by issuance
of Certificates of Obligation 165 , 000 .00
6 . Carry-over to next claim 520 . 30
The amount shown in line 4 above represents our claim
against the City of Pearland, Texas, for performance under and
in conformity with the terms and conditions of the contract de-
scribed above; and $165, 000 . 00 of such claim has been and is
hereby assigned in full, without discount, to Pearland State
Bank, Pearland, Texas.
P. G. BELL COMPANY
By
(Authorized Representative)
(SEAL)
(Title)
All materials and supplies represented by the claim shown
in line 4 above are in full accordance with the terms and con-
ditions of the contract described above, and such claim is
hereby in all things approved for payment by the City .
MALCOLM A. COLLINS , ENGINEER
By
rm. pm+ Om+ - _ iMM moms air mime'_ _
DELIVERY CERTIFICATE
THE STATE OF TEXAS X
COUNTIES OF BRAZORIA AND HARRIS X
We, the undersigned, officers of the City Council of the City of
Pearland, Texas, certify that on the /a day of August, 1978 , we de-
livered to Pearland State Bank, Pearland, Texas, the following :
CITY OF PEARLAND, TEXAS , CERTIFICATES OF OBLIGATION, SERIES
1978, dated May 1, 1978 , numbered consecutively from 1
through 34, both inclusive, in the denomination of $5, 000
each, aggregating 8170, 000 , bearing interest at the rate of
5 . 00% per annum, and maturing serially in their numerical
order on February 1 as follows :
$15, 000 1979 $20 ,000 1983
20 , 000 1980 20 , 000 1984
20, 000 1981 25 , 000 1985
20 , 000 1982 30 , 000 1986
We further certify that, to our knowledge, there is no litigation
in any court, either pending or threatened, seeking to restrain or
enjoin the issuance of said certificates , the levy of taxes for the
payment thereof, or attacking the validity of said certificates or the
proceedings relating thereto, or the authority of the City to issue
the same or questioning or contesting the title of the present officers
of said City to their respective offices . We further certify that none
of the proceedings authorizing the issuance and delivery of said cer-
tificates have been repealed or rescinded; and no referendum petition
has been filed with respect thereto.
WITNESS our hands and the official seal of said City as of the
date shown above.
City Trearirer Mayor
(CITY SEAL)
Secretary
The foregoing signatures of the Mayor, City Secretary and City
Treasurer of the City of Pearland, Texas, are hereby certified to be
genuine.
PEARLAND STATE BANK
Pearland, Texas
Sig';ture of Officer)
(BANK SEAL) 0/C-e Pr PSfjed
(Title of Officer)
We hereby acknowledge receipt of the certificates described above ,
which certificates constitute full payment of our claim against said
City in the amount of $170 , 000 , said claim having been assigned to us ,
without discount, by P . G. Bell Company .
PEARLAND STATE BANK
Pearland xas
BY
( . gn ure of Officer)
(BANK SEAL) %GG rcci �e�►� 65-Ater-
Title of Officer)
J .
NOTICE OF MEETING
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
NOTICE is hereby given of a meeting of the City Council
of the CITY OF PEARLAND, Brazoria and Harris Counties , Texas
(the "City") , to be held on the 9th day of October, 1978 , at
7 : 30 p.m. in the:
City Hall
Pearland, Texas
for the purpose of adopting resolutionsapproving clains and
authorizing issuance of Certificates of Obligation, Series 1978,
and for the purpose of conducting, considering and acting upon
such other business as shall come before the meeting .
Th flood of the City for such financing creates an emer-
gency and an urgent public necessity for the holding of the
meeting and for the adoption of such resolution at the meeting.
WITNESS MY HAND AND OFFICIAL SEAL OF THE CITY, this 4,
day of October, 1978 .
/s/ Dorothy L. Cook
City Secretary
CITY OF PEARLAND , TEXAS
(SEAL)
CERTIFICATE OF POSTING OF
NOTICE OF MEETING
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
I , the undersigned officer of the CITY OF PEARLAND,
Brazoria and Harris Counties , Texas (the "City") , do hereby
execute this certificate for the benefit of all persons in-
terested in the posting of notice of a meeting of the City
Council of the City as required by the Open Meetings Act
(Article 6252-17 , Vernon ' s Texas Civil Statutes , as amended)
and the validity of all actions and proceedings taken at such
meeting and I do hereby certify as follows :
1. I am the duly chosen, qualified and acting officer
of the City for the office shown beneath my signature , and
in such capacity I am familiar with the matters contained in
this certificate.
2 . The attached and foregoing is a true and correct
copy of the Notice of Meeting which was posted by me at
/!Ac o ' clock .m. on the G day of 2' , 1978 ,
in a place readily accessible to thener�ublic at all
times , to-wit :
, in he City Hall of the City .
WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY , this
day of 00/...,4V.44, , 1978.
.51a0L-I<L//
city Secretary
CITY OF PEAR D , TEXAS
(SEAL)
CERTIFICATE FOR RESOLUTION APPROVING CLAIM AND
AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATION
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
We, the undersigned officers of the CITY OF PEARLAND,
TEXAS (the "City") , do hereby certify as follows :
1 . That we are the duly chosen, qualified and acting
officers of the City for the offices shown below our signatures
and that as such we are familiar with the facts herein certified.
2 . That there is attached to and follows this certificate
an excerpt of proceedings from the minutes of a meeting of the
City Council of the City (the "City Council") which is a true,
full and complete excerpt of all proceedings from the minutes of
the City Council pertaining to the adoption of the resolution de-
scribed therein; and that the persons named in such excerpt as
the officers and members of the City Council or as officers of
the City are the duly chosen, qualified and acting officers and
members as indicated therein.
3 . That a true and complete copy of the resolution (the
"Resolution") , as adopted at the meeting described in such excerpt
from the minutes, is attached to and follows such excerpt.
4 . That the Resolution has been duly and lawfully adopted
by the City Council and that the Mayor of the City has approved,
and hereby approves , the Resolution; that the Mayor and the City
Secretary of the City have duly signed and attested the Resolution
and each, respectively, hereby declares that the signing of this
certificate shall also constitute the signing of the Resolution
for all purposes ; and that the Resolution, as signed, has been
duly recorded in the minutes of the City Council for such meeting.
5 . That each of the officers and members of the City
Council was duly and sufficiently notified officially and per-
sonally, in advance, of the date, hour, place and subject of
such meeting of the City Council, and that the Resolution would
be introduced and considered for passage at such meeting, and
each of such officers and members consented, in advance, to the
holding of such meeting to consider and act upon such subject.
6 . That written notice of the meeting of the City Council
described in the excerpt from the minutes was posted in the form
and manner required by law; and that such meeting was open to the
public as required by law at all times during which the Resolution
and the subject matter thereof were discussed, considered and
formally acted upon, all as required by the Open Meetings Act,
Article 6252-17 , Vernon' s Texas Civil Statutes , as amended.
SIGNED AND SEALED this 9th day of October, 1978 .
kt .6 4-
Assistant City Secretary Mayor
(SEAL)
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
The City Council of the City of Pearland, Texas , convened
in regular meeting, open to the public, on the 9th day of
October, 1978, at the City Hall, and the roll was called of
the duly constituted officers and members of the City Council
and the Assistant City Secretary of the City, to-wit:
Tom Reid Mayor
Dennis Frauenberger Councilman
Harry Farley Councilman
Fran Coppinger Councilman
Morris S . Wilson Councilman
Carlton McComb Councilman
Loretta K. Bonin Assistant City Secretary
and all of said persons were present, except the following ab-
sentees : 'PA
thus constituting a quorum. Whereupon, among other business ,
the following was transacted at said meeting : a written resolu-
tion entitled:
RESOLUTION APPROVING CLAIM AND AUTHORIZING
THE ISSUANCE OF CERTIFICATES OF OBLIGATION
(the "Resolution") was duly introduced for the consideration
of the City Council and reviewed in full . It was then duly
moved and seconded that the Resolution be passed; and, after
due discussion, the motion, carrying with it the passage of
the Resolution, prevailed and carried by the following vote :
AYES : All members of the City Council shown
present above voted "Aye" .
NOES : None.
The Mayor thereupon announced that the Resolution had been duly
and lawfully adopted. The Resolution thus adopted follows :
RESOLUTION APPROVING CLAIM AND AUTHORIZING
THE ISSUANCE OF CERTIFICATES OF OBLIGATION
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
WHEREAS, the City Council of the CITY OF PEARLAND, TEXAS
(the "City") , by resolution adopted February 27 , 1978 , found
that it was necessary and desirable for the City to construct
and equip public works for the City, to-wit: swimming pools
and appurtenances , and that certificates of obligation should
be issued by the City for all or any part of the cost of same ;
and
WHEREAS, the City Council gave due and proper notice to
bidders of the time and place when and where a contract, or
contracts , for such construction and equipment would be let
and due and proper notice of its intention to issue such cer-
tificates of obligation; and
WHEREAS, the City Council thereafter awarded a contract
to P . G. BELL COMPANY, Houston, Texas (the "Contractor" ) in
the amount of $453, 873 . 00 , as the lowest and best bid for the
furnishing of such construction and equipment and the Con-
tractor at the time of the receipt of such bid elected to
assign such certificates in payment for all or any part of the
cost of the contract in accordance with the arrangements made
by the City Council; and
WHEREAS, the Contractor, as shown on a true copy of its
Claim No. 3 , attached hereto as Exhibit "A" and made a part
hereof as if fully written herein, has submitted said claim
pursuant to said contract; and
WHEREAS, the City has received the full benefits of such
contract represented by said claim to the full extent thereof
and to the full extent of the certificates of obligation here-
inafter authorized to be delivered; and no person, corporation
or trust estate has given notice in writing or otherwise to the
City, or to any official thereof, of any liens for any materials ,
apparatus, fixtures , machinery or labor furnished to the Con-
tractor as provided by Chapter 17 , Acts of the Legislature of
Texas, 1925 (Article 5472-a, Vernon ' s Texas Civil Statutes) ,
or any other provision of law; and
WHEREAS, the City does not hold a claim of any kind or
character which might be properly charged or interposed as an
offset or counterclaim to the payment of the aforesaid claim;
and
WHEREAS, said claim has been assigned to Pearland State
Bank, Pearland, Texas , without discount, and said bank is now
the legal owner and holder thereof; and
WHEREAS, the City Council of the City wishes to approve
said claim and authorize the payment thereof by the issuance
and delivery of certain of said certificates of obligation,
all as shown on said Exhibit "A" and as hereinafter set out :
AMOUNT TO BE AMOUNT TO BE
CLAIMANT PAID NOW CARRIED FORWARD
P. G. Bell Company $35 ,000 . 00 $3 ,458 . 00
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS THAT:
Section 1. The matters and facts contained in the preamble
of this resolution are hereby found and declared to be true and
correct.
Section 2 . The claim described in the preamble of this
resolution and fully set forth in Exhibit "A" mentioned in said
preamble shall be, and the same is hereby , approved and allowed,
and the City hereby acknowledges receipt of the full benefits
represented by said claim to the full extent thereof and to the
full extent of the certificates of obligation herein authorized
to be delivered; and the City hereby recognizes and approves the
-2-
transfer and assignment of said claim and account to Pearland
State Bank, Pearland, Texas .
Section 3. There is now due and owing to said bank the
sum of $35 , 000 . 00 and to the Contractor the sum of $3, 458 . 00 .
Section 4 . There shall be executed and delivered to said
bank Certificates Nos . 35 through 41 , aggregating $35, 000 , of
the CITY OF PEARLAND, TEXAS , CERTIFICATES OF OBLIGATION, SERIES
1978 , dated May 1, 1978, and the sum of $3, 458 . 00 shall be
carried forward to the next delivery of such Certificates to
the Contractor.
Section 5. The Mayor, City Secretary, City Treasurer,
and other appropriate City officials , are hereby authorized and
directed to deliver said Certificates above mentioned and to
do any and all things necessary or convenient to carry out the
terms of this resolution.
PASSED AND APPROVED this 9th day of October, 1978 .
/s/ Tom Reid
ATTEST:
Mayor
CITY OF PEARLAND, TEXAS
/s/ Loretta K. Bonin
Assistant City Secretary
CITY OF PEARLAND, TEXAS
(SEAL)
-3-
.�._
EXHIBIT "A"
Claim No. 3 Dated: October 9 , 1978
of P. G. Bell Company (the "Contractor") , against the City of
Pearland, Texas (the "City") , as per contract in the amount of
$453 , 873 . 00 , between the City and the Contractor:
1. Total completed to date $231 , 620 . 00
2. Less 10% retainage 23 , 162 . 00
3. Less previous payments 170 ,000 .00
4 . Current payment due 38, 458 . 00
5. Amount to be paid Contractor by issuance
of Certificates of Obligation 35 , 000 . 00
6. Carry-over to next claim 3 ,458 .00
The amount shown in line 4 above represents our claim
against the City of Pearland, Texas, for performance under and
in conformity with the terms and conditions of the contract de-
scribed above; and $35 ,000 . 00 of such claim has been and is
hereby assigned in full, without discount, to Pearland State
Bank, Pearland, Texas .
P. G. BELL COMPANY
By
(Authorized Representative)
(SEAL)
(Title)
All materials and supplies represented by the claim shown
in line 4 above are in full accordance with the terms and con-
ditions of the contract described above, and such claim is
hereby in all things approved for payment by the City .
MALCOLM A. COLLINS, ENGINEER
By
CERTIFICATE FOR RESOLUTION APPROVING CLAIM AND
AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATION
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
We, the undersigned officers of the CITY OF PEARLAND,
TEXAS (the "City") , do hereby certify as follows :
1. That we are the duly chosen, qualified and acting
officers of the City for the offices shown below our signatures
and that as such we are familiar with the facts herein certified.
2 . That there is attached to and follows this certificate
an excerpt of proceedings from the minutes of a meeting of the
City Council of the City (the "City Council") which is a true ,
' full and complete excerpt of all proceedings from the minutes of
the City Council pertaining to the adoption of the resolution de-
scribed therein; and that the persons named in such excerpt as
the officers and members of the City Council or as officers of
the City are the duly chosen, qualified and acting officers and
members as indicated therein.
3 . That a true and complete copy of the resolution (the
"Resolution") , as adopted at the meeting described in such excerpt
from the minutes , is attached to and follows such excerpt.
4 . That the Resolution has been duly and lawfully adopted
by the City Council and that the Mayor of the City has approved,
and hereby approves , the Resolution; that the Mayor and the City
Secretary of the City have duly signed and attested the Resolution
and each, respectively, hereby declares that the signing of this
certificate shall also constitute the signing of the Resolution
for all purposes ; and that the Resolution, as signed, has been
duly recorded in the minutes of the City Council for such meeting.
5 . That each of the officers and members of the City
Council was duly and sufficiently notified officially and per-
sonally, in advance, of the date, hour , place and subject of
such meeting of the City Council, and that the Resolution would
be introduced and considered for passage at such meeting, and
each of such officers and members consented, in advance, to the
holding of such meeting to consider and act upon such subject.
6 . That written notice of the meeting of the City Council
described in the excerpt from the minutes was posted in the form
and manner required by law; and that such meeting was open to the
public as required by law at all times during which the Resolution
and the subject matter thereof were discussed, considered and
formally acted upon, all as required by the Open Meetings Act,
Article 6252-17 , Vernon ' s Texas Civil Statutes , as amended.
SIGNED AND SEALED this 9th day of October, 19
R. 64114-411. 1
Assistant City Secretary Mayor
(SEAL)
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
The City Council of the City of Pearland, Texas , convened
in regular meeting, open to the public, on the 9th day of
October, 1978, at the City Hall, and the roll was called of
the duly constituted officers and members of the City Council
and the Assistant City Secretary of the City , to-wit:
Tom Reid Mayor
Dennis Frauenberger Councilman
Harry Farley Councilman
Fran Coppinger Councilman
Morris S . Wilson Councilman
Carlton McComb Councilman
Loretta R. Bonin Assistant City Secretary
and all of said pe sons were present, except the following ab-
sentees : j _
thus constituting a quorum. Whereupon, among other business ,
the following was transacted at said meeting: a written resolu-
tion entitled:
RESOLUTION APPROVING CLAIM AND AUTHORIZING
THE ISSUANCE OF CERTIFICATES OF OBLIGATION
(the "Resolution") was duly introduced for the consideration
of the City Council and reviewed in full . It was then duly
moved and seconded that the Resolution be passed; and, after
due discussion, the motion, carrying with it the passage of
the Resolution, prevailed and carried by the following vote :
AYES : All members of the City Council shown
present above voted "Aye" .
NOES : None.
The Mayor thereupon announced that the Resolution had been duly
and lawfully adopted. The Resolution thus adopted follows :
RESOLUTION APPROVING CLAIM AND AUTHORIZING
THE ISSUANCE OF CERTIFICATES OF OBLIGATION
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
WHEREAS, the City Council of the CITY OF PEARLAND , TEXAS
(the "City") , by resolution adopted February 27 , 1978 , found
that it was necessary and desirable for the City to construct
and equip public works for the City, to-wit: swimming pools
and appurtenances , and that certificates of obligation should
be issued by the City for all or any part of the cost of same ;
and
WHEREAS, the City Council gave due and proper notice to
bidders of the time and place when and where a contract, or
contracts, for such construction and equipment would be let
and due and proper notice of its intention to issue such cer-
tificates of obligation; and
WHEREAS, the City Council thereafter awarded a contract
to P. G. BELL COMPANY, Houston, Texas (the "Contractor") in
the amount of $453 , 873 . 00 , as the lowest and best bid for the
furnishing of such construction and equipment and the Con-
tractor at the time of the receipt of such bid elected to
assign such certificates in payment for all or any part of the
cost of the contract in accordance with the arrangements made
by the City Council; and
WHEREAS, the Contractor, as shown on a true copy of its
Claim No. 4 , attached hereto as Exhibit "A" and made a part
hereof as if fully written herein, has submitted said claim
pursuant to said contract; and
WHEREAS, the City has received the full benefits of such
contract represented by said claim to the full extent thereof
and to the full extent of the certificates of obligation here-
inafter authorized to be delivered; and no person, corporation
or trust estate has given notice in writing or otherwise to the
City, or to any official thereof, of any liens for any materials ,
apparatus , fixtures , machinery or labor furnished to the Con-
tractor as provided by Chapter 17, Acts of the Legislature of
Texas , 1925 (Article 5472-a, Vernon ' s Texas Civil Statutes) ,
or any other provision of law; and
WHEREAS, the City does not hold a claim of any kind or
character which might be properly charged or interposed as an
offset or counterclaim to the payment of the aforesaid claim;
and
WHEREAS , said claim has been assigned to Pearland State
Bank, Pearland, Texas , without discount, and said bank is now
the legal owner and holder thereof; and
WHEREAS, the City Council of the City wishes to approve
said claim and authorize the payment thereof by the issuance
and delivery of certain of said certificates of obligation,
all as shown on said Exhibit "A" and as hereinafter set out:
AMOUNT TO BE AMOUNT TO BE
CLAIMANT PAID NOW CARRIED FORWARD
P . G. Bell Company $25, 000 . 00 $4 , 319 . 50
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS THAT:
Section 1. The matters and facts contained in the preamble
of this resolution are hereby found and declared to be true and
correct.
Section 2 . The claim described in the preamble of this
resolution and fully set forth in Exhibit "A" mentioned in said
preamble shall be, and the same is hereby , approved and allowed,
and the City hereby acknowledges receipt of the full benefits
represented by said claim to the full extent thereof and to the
full extent of the certificates of obligation herein authorized
to be delivered; and the City hereby recognizes and approves the
-2-
transfer and assignment of said claim and account to Pearland
State Bank, Pearland, Texas .
Section 3 . There is now due and owing to said bank the
sum of $25 , 000 .00 and to the Contractor the sum of $4 , 319 . 50 .
Section 4 . There shall be executed and delivered to said
bank Certificates Nos . 42 through 46 , aggregating $25, 000 , of
the CITY OF PEARLAND, TEXAS , CERTIFICATES OF OBLIGATION, SERIES
1978, dated May 1, 1978 , and the sum of $4 , 319 . 50 shall be
carried forward to the next delivery of such Certificates to
the Contractor.
Section 5. The Mayor, City Secretary, City Treasurer,
and other appropriate City officials , are hereby authorized and
directed to deliver said Certificates above mentioned and to
do any and all things necessary or convenient to carry out the
terms of this resolution.
PASSED AND APPROVED this 9th day of October, 1978 .
/s/ Tom Reid
ATTEST:
Mayor
CITY OF PEARLAND , TEXAS
/s/ Loretta K. Bonin
Assistant City Secretary
CITY OF PEARLAND, TEXAS
(SEAL)
-3-
EXHIBIT "A"
Claim No. 4 Dated: October 9 , 1978
of P. G. Bell Company (the "Contractor") , against the City of
Pearland, Texas (the "City") , as per contract in the amount of
$453 , 873 . 00 , between the City and the Contractor:
1 . Total completed to date $260 , 355 . 00
2 . Less 10o retainage 26 , 035 . 50
3. Less previous payments 205, 000 . 00
4 . Current payment due 29 , 319 . 50
5 . Amount to be paid Contractor by issuance
of Certificates of Obligation 25, 000 . 00
6 . Carry-over to next claim 4, 319 . 50
The amount shown in line 4 above represents our claim
against the City of Pearland, Texas , for performance under and
in conformity with the terms and conditions of the contract de-
scribed above; and $25, 000 . 00 of such claim has been and is
hereby assigned in full, without discount, to Pearland State
Bank, Pearland, Texas .
P. G. BELL COMPANY
By
(Authorized Representative)
(SEAL)
(Title)
All materials and supplies represented by the claim shown
in line 4 above are in full accordance with the terms and con-
ditions of the contract described above, and such claim is
hereby in all things approved for payment by the City.
MALCOLM A. COLLINS , ENGINEER
By
DELIVERY CERTIFICATE
THE STATE OF TEXAS X
COUNTIES OF BRAZORIA AND HARRIS X
We, the undersigned, officers of the City Council of the City of
Pearland, Texas , certify that on the /Q day of October, 1978 , we
delivered to Pearland State Bank, Pearland, Texas , the following :
CITY OF PEARLAND , TEXAS , CERTIFICATES OF OBLIGATION, SERIES
1978, dated May 1, 1978 , numbered consecutively from 42
through 46 , both inclusive, in the denomination of $5 , 000
each, aggregating $25 , 000 , bearing interest at the rate of
5. 00% per annum, and maturing serially in their numerical
order on February 1 as follows :
$25, 000 1987
We further certify that, to our knowledge, there is no litigation
in any court, either pending or threatened, seeking to restrain or
enjoin the issuance of said certificates, the levy of taxes for the
payment thereof, or attacking the validity of said certificates or the
proceedings relating thereto, or the authority of the City to issue
the same or questioning or contesting the title of the present officers
of said City to their respective offices . We further certify that none
of the proceedings authorizing the issuance and delivery of said cer-
tificates have been repealed or rescinded; and no referendum petition
has been filed with respect thereto.
WITNESS our hands and the official seal of said City as of the
date shown above.
42,/
City Treas rer Mayor
(CITY SEAL)
Secretar
The foregoing signatures of the Mayor, Cit Secretary and City
Treasurer of the City of Pearland, Texas , are hereby certified to be
genuine.
PEARLAND STATE BANK
Pear nd, Texas
�.�
(Signature of fficer)
(BANK SEAL)
(Title of Officer)
We hereby acknowledge receipt of the certificates described above,
which certificates constitute full payment of our claim against said
City in the amount of $25 , 000 , said claim having been assigned to us ,
without discount, by P. G. Bell Company.
PEARLAND STATE BANK
Pearla , Texas
By
ignature of Officer)
(BANK SEAL)
(Title of Officer)
" - r.. frrt � �� .ter
r p
CERTIFICATE OF POSTING OF
NOTICE OF MEETING
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
I , the undersigned officer of the CITY OF PEARLAND ,
Brazoria and Harris Counties , Texas (the "City") , do hereby
execute this certificate for the benefit of all persons in-
terested in the posting of notice of a meeting of the City
Council of the City as required by the Open Meetings Act
(Article 6252-17 , Vernon' s Texas Civil Statutes , as amended)
and the validity of all actions and proceedings taken at such
meeting and I do hereby certify as follows :
1 . I am the duly chosen, qualified and acting officer
of the City for the office shown beneath my signature , and
in such capacity I am familiar with the matters contained in
this certificate.
2 . The attached and foregoing is a true and correct
iip of the NoIice of Meetingiwhich was poste at
o ' clock .m. on the day of , 1978 ,
in a place readily accm14e generalpublic at all
times , to-wit:
, in the City Hall of the City .
jg WITNESS MYIolpoiewiliND THE OFFICIAL SEAL OF THE CITY, this
day of , 1978.
ity Secreta y
CITY OF PEAR D , TEXAS
(SEAL)
CERTIFICATE FOR RESOLUTION APPROVING CLAIM AND
AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATION
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
We, the undersigned officers of the CITY OF PEARLAND,
TEXAS (the "City") , do hereby certify as follows :
1 . That we are the duly chosen, qualified and acting
officers of the City for the offices shown below our signatures
and that as such we are familiar with the facts herein certified.
2 . That there is attached to and follows this certificate
an excerpt of proceedings from the minutes of a meeting of the
City Council of the City (the "City Council") which is a true ,
full and complete excerpt of all proceedings from the minutes of
the City Council pertaining to the adoption of the resolution de-
scribed therein; and that the persons named in such excerpt as
the officers and members of the City Council or as officers of
the City are the duly chosen, qualified and acting officers and
members as indicated therein.
3 . That a true and complete copy of the resolution (the
"Resolution") , as adopted at the meeting described in such excerpt
from the minutes , is attached to and follows such excerpt.
4 . That the Resolution has been duly and lawfully adopted
by the City Council and that the Mayor of the City has approved,
and hereby approves , the Resolution; that the Mayor and the City
Secretary of the City have duly signed and attested the Resolution
and each, respectively, hereby declares that the signing of this
certificate shall also constitute the signing of the Resolution
for all purposes; and that the Resolution, as signed, has been
duly recorded in the minutes of the City Council for such meeting.
5 . That each of the officers and members of the City
Council was duly and sufficiently notified officially and per-
sonally, in advance , of the date, hour, place and subject of
such meeting of the City Council, and that the Resolution would
be introduced and considered for passage at such meeting, and
each of such officers and members consented, in advance, to the
holding of such meeting to consider and act upon such subject.
6 . That written notice of the meeting of the City Council
described in the excerpt from the minutes was posted in the form
and manner required by law; and that such meeting was open to the
public as required by law at all times during which the Resolution
and the subject matter thereof were discussed, considered and
formally acted upon, all as required by the Open Meetings Act,
Article 6252-17, Vernon' s Texas Civil Statutes , as amended.
SIGNED AND SEALED this 13th day of November, 19
(____ -4
Cit ecr tary Mayor
(SEAL)
- - -
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
The City Council of the City of Pearland, Texas , convened
in regular meeting, open to the public, on the 13th day of
November, 1978, at the City Hall, and the roll was called of
the duly constituted officers and members of the City Council
and the City Secretary of the City, to-wit:
Tom Reid Mayor
Dennis Frauenberger Councilman
Harry Farley Councilman
Fran Coppinger Councilman
Morris S. Wilson Councilman
Carlton McComb Councilman
Dorothy L. Cook City Secretary
and all of said persons were present except the following ab-
sentees: jc
thus constituting a quorum. Whereupon, among other business ,
the following was transacted at said meeting : a written resolu-
tion entitled:
RESOLUTION APPROVING CLAIM AND AUTHORIZING
THE ISSUANCE OF CERTIFICATES OF OBLIGATION
(the "Resolution") was duly introduced for the consideration
of the City Council and reviewed in full. It was then duly
moved and seconded that the Resolution be passed; and, after
due discussion, the motion, carrying with it the passage of
the Resolution, prevailed and carried by the following vote :
AYES : All members of the City Council shown
present above voted "Aye" .
NOES : None.
The Mayor thereupon announced that the Resolution had been duly
and lawfully adopted. The Resolution thus adopted follows :
mom, mime
or trust estate has given notice in writing or otherwise to the
City, or to any official thereof, of any liens for any materials,
apparatus , fixtures , machinery or labor furnished to the Con-
tractor as provided by Chapter 17 , Acts of the Legislature of
Texas, 1925 (Article 5472-a, Vernon' s Texas Civil Statutes) ,
or any other provision of law; and
WHEREAS, the City does not hold a claim of any kind or
character which might be properly charged or interposed as an
offset or counterclaim to the payment of the aforesaid claim;
and
WHEREAS, said claim has been assigned to Pearland State
Bank, Pearland, Texas , without discount, and said bank is now
the legal owner and holder thereof; and
WHEREAS, the City Council of the City wishes to approve
said claim and authorize the payment thereof by the issuance
and delivery of certain of said certificates of obligation,
all as shown on said Exhibit "A" and as hereinafter set out:
AMOUNT TO BE AMOUNT TO BE
CLAIMANT PAID NOW CARRIED FORWARD
P . G. Bell Company $45, 000 . 00 $3 , 330 . 40
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS THAT:
Section 1. The matters and facts contained in the preamble
of this resolution are hereby found and declared to be true and
correct.
Section 2 . The claim described in the preamble of this
resolution and fully set forth in Exhibit "A" mentioned in said
preamble shall be, and the same is hereby, approved and allowed,
and the City hereby acknowledges receipt of the full benefits
represented by said claim to the full extent thereof and to the
full extent of the certificates of obligation herein authorized
to be delivered; and the City hereby recognizes and approves the
-2-
EXHIBIT "A"
Claim No. 5 Dated: November 13 , 1978
of P. G. Bell Company (the "Contractor") , against the City of
Pearland, Texas (the "City") , as per contract in the amount of
$453, 873. 00 , between the City and the Contractor:
1. Total completed to date $309 , 256 .00
2 . Less 10% retainage $ 30 ,925 . 60
3 . Less previous payments $230 , 000 . 00
4 . Current payment due $ 48, 330 . 40
5 . Amount to be paid Contractor by issuance
of Certificates of Obligation $ 45 , 000 .00
6 . Carry-over to next claim $ 3 , 330 . 40
The amount shown in line 4 above represents our claim
against the City of Pearland, Texas , for performance under and
in conformity with the terms and conditions of the contract de-
scribed above; and $45 , 000 . 00 of such claim has been and is
hereby assigned in full, without discount, to Pearland State
Bank, Pearland, Texas .
P. G. BELL COMPANY
By
(Authorized Representative)
(SEAL)
(Title)
All materials and supplies represented by the claim shown
in line 4 above are in full accordance with the terms and con-
ditions of the contract described above, and such claim is
hereby in all things approved for payment by the City.
MALCOLM A. COLLINS , ENGINEER
By
"milli aim.
DELIVERY CERTIFICATE
THE STATE OF TEXAS X
COUNTIES OF BRAZORIA AND HARRIS X
We, the undersigned, officers of the City Council of the City of
Pearland, Texas , certify that on the l� day of November, 1978, we
delivered to Pearland State Bank, Pearland, Texas , the following:
CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES
1978, dated May 1, 1978 , numbered consecutively from 47
through 55, both inclusive, in the denomination of $5, 000
each, aggregating $45, 000 , bearing interest at the rate of
5. 00% per annum, and maturing serially in their numerical
order on February 1 as follows:
$45, 000 1988
We further certify that, to our knowledge, there is no litigation
in any court, either pending or threatened, seeking to restrain or en-
join the issuance of said certificates , the levy of taxes for the pay-
ment thereof, or attacking the validity of said certificates or the
proceedings relating thereto, or the authority of the City to issue
the same or questioning or contesting the title of the present officers
of said City to their respective offices . We further certify that none
of the proceedings authorizing the issuance and delivery of said cer-
tificates have been repealed or rescinded; and no referendum petition
has been filed with respect thereto.
WITNESS our hands and the official seal of said y as of the
date shown above.
a:O7Z _ �-r.- G/YyiO .
City Treurer Mayor
(CITY SEAL) a�� i .�
Ci Secretary
The foregoing signatures of the Mayor, City Secretary and City
Treasurer of the City of Pearland, Texas , are hereby certified to be
genuine.
P' ND STATE BANK
ill;
d, Te s
Sig ature of Off cer)
(BANK SEAL)
Title of Officer)
We hereby acknowledge receipt of the certificates described above ,
which certificates constitute full payment of our claim against said
City in the amount of $45, 000 , said claim having been assigned to us ,
without discount, by P. G. Bell Company.
P' A • AND STATE BANK
. ..rk.A .d, Telkasibzri‘r
ig . ture of Officer)
(BANK SEAL) ` \k
•
(Title of Officer)
w r
NOTICE OF MEETING
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
NOTICE is hereby given of a meeting of the City Council
of the CITY OF PEARLAND, Brazoria and Harris Counties , Texas
(the "City") , to be held on the 18th day of December, 1978, at
7 : 30 p.m. in the:
City Hall
Pearland, Texas
for the purpose of adopting a resolution approving claim and
authorizing issuance of Certificates of Obligation, Series 1978,
and for the purpose of conducting , considering and acting upon
such other business as shall come before the meeting .
The need of the City for such financing creates an emer-
gency and an urgent public necessity for the holding of the
meeting and for the adoption of such resolution at the meeting .
WITNESS MY HAND AND OFFICIAL SEAL OF THE CITY, this
day of December, 1978 .
/s/ Dorothy L. Cook
City Secretary
CITY OF PEARLAND, TEXAS
(SEAL)
CERTIFICATE OF POSTING OF
NOTICE OF MEETING
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
I , the undersigned officer of the CITY OF PEARLAND,
Brazoria and Harris Counties , Texas (the "City") , do hereby
execute this certificate for the benefit of all persons in-
terested in the posting of notice of a meeting of the City
Council of the City as required by the Open Meetings Act
(Article 6252-17 , Vernon' s Texas Civil Statutes , as amended)
and the validity of all actions and proceedings taken at such
meeting and I do hereby certify as follows :
1 . I am the duly chosen, qualified and acting officer
of the City for the office shown beneath my signature, and
in such capacity I am familiar with the matters contained in
this certificate.
2 . The attached and foregoing is a true and correct
copy of the Notice of Meeting which was posted by me at
y, 2, o ' clock g .m. on the / - day , 1978 ,
in a place readily accessible to t1- e general public at all
times , to-wit:
, in the City Hall of the City .
WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY, this
AS day of „ . , 1978.
City Secretary/
CITY OF PEARLAND, TEXAS
(SEAL)
INAM 'mom
CERTIFICATE FOR RESOLUTION APPROVING CLAIM AND
AUTHORIZING THE ISSUANCE OF CERTIFICATES OF OBLIGATION
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
We, the undersigned officers of the CITY OF PEARLAND, TEXAS
(the "City") , do hereby certify as follows :
1. That we are the duly chosen, qualified and acting offi-
cers of the City for the offices shown below our signatures and
that as such we are familiar with the facts herein certified.
2 . That there is attached to and follows this certificate
an excerpt of proceedings from the minutes of a meeting of the
City Council of the City (the "City Council") which is a true,
full and complete excerpt of all proceedings from the minutes of
the City Council pertaining to the adoption of the resolution de-
scribed therein; and that the persons named in such excerpt as
the officers and members of the City Council or as officers of
the City are the duly chosen, qualified and acting officers and
members as indicated therein.
3 . That a true and complete copy of the resolution (the
"Resolution") , as adopted at the meeting described in such excerpt
from the minutes , is attached to and follows such excerpt.
4 . That the Resolution has been duly and lawfully adopted
by the City Council and that the Mayor of the City has approved,
and hereby approves , the Resolution; that the Mayor and the City
Secretary of the City have duly signed and attested the Resolution
and each, respectively, hereby declares that the signing of this
certificate shall also constitute the signing of the Resolution
for all purposes; and that the Resolution, as signed, has been
duly recorded in the minutes of the City Council for such meeting .
5 . That each of the officers and members of the City
Council was duly and sufficiently notified officially and per-
sonally, in advance, of the date, hour, place and subject of
such meeting of the City Council, and that the Resolution would
be introduced and considered for passage at such meeting, and
each of such officers and members consented, in advance , to the
holding of such meeting to consider and act upon such subject.
6 . That written notice of the meeting of the City Council
described in the excerpt from the minutes was posted in the form
and manner required by law; and that such meeting was open to the
public as required by law at all times during which the Resolution
and the subject matter thereof were discussed, considered and
formally acted upon, all as required by the Open Meetings Act,
Article 6252-17 , Vernon' s Texas Civil Statutes , as amended.
SIGNED AND SEALED this 18th day of December, 1,97 .
&zfrli
City Se e ry Mayor
(SEAL)
Irma i
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
The City Council of the City of Pearland, Texas , convened
in regular meeting, open to the public, on the 18th day of
December, 1978 , at the City Hall, and the roll was called of
the duly constituted officers and members of the City Council
and the City Secretary of the City, to-wit:
Tom Reid Mayor
Dennis Frauenberger Councilman
Harry Farley Councilman
Fran Coppinger Councilman
Morris S . Wilson Councilman
Carlton McComb Councilman
Dorothy L. Cook City Secretary
and all of said persons were present, except the following ab-
sentees :
thus constituting a quorum. Whereupon, among other business ,
the following was transacted at said meeting: a written resolu-
tion entitled:
RESOLUTION APPROVING CLAIM AND AUTHORIZING
THE ISSUANCE OF CERTIFICATES OF OBLIGATION
(the "Resolution") was duly introduced for the consideration
of the City Council and reviewed in full . It was then duly
moved and seconded that the Resolution be passed; and, after
due discussion, the motion, carrying with it the passage of
the Resolution, prevailed and carried by the following vote:
AYES : All members of the City Council shown
present above voted "Aye" .
NOES : None .
The Mayor thereupon announced that the Resolution had been duly
and lawfully adopted. The Resolution thus adopted follows :
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
The City Council of the City of Pearland, Texas, convened
in regular meeting, open to the public, on the 18th day of
December, 1978, at the City Hall, and the roll was called of
the duly constituted officers and members of the City Council
and the City Secretary of the City, to-wit:
Tom Reid Mayor
Dennis Frauenberger Councilman
Harry Farley Councilman
Fran Coppinger Councilman
Morris S . Wilson Councilman
Carlton McComb Councilman
Dorothy L. Cook City Secretary
and all of said persons were present, except the following ab-
sentees :
thus constituting a quorum. Whereupon, among other business ,
the following was transacted at said meeting: a written resolu-
tion entitled:
RESOLUTION APPROVING CLAIM AND AUTHORIZING
THE ISSUANCE OF CERTIFICATES OF OBLIGATION
(the "Resolution") was duly introduced for the consideration
of the City Council and reviewed in full . It was then duly
moved and seconded that the Resolution be passed; and, after
due discussion, the motion, carrying with it the passage of
the Resolution, prevailed and carried by the following vote:
AYES : All members of the City Council shown
present above voted "Aye" .
NOES : None.
The Mayor thereupon announced that the Resolution had been duly
and lawfully adopted. The Resolution thus adopted follows :
RESOLUTION APPROVING CLAIM AND AUTHORIZING
THE ISSUANCE OF CERTIFICATES OF OBLIGATION
THE STATE OF TEXAS §
COUNTIES OF BRAZORIA AND HARRIS §
CITY OF PEARLAND §
WHEREAS, the City Council of the CITY OF PEARLAND, TEXAS
(the "City") , by resolution adopted February 27 , 1978, found
that it was necessary and desirable for the City to construct
and equip public works for the City, to-wit: swimming pools
and appurtenances , and that certificates of obligation should
be issued by the City for all or any part of the cost of same;
and
WHEREAS, the City Council gave due and proper notice to
bidders of the time and place when and where a contract, or
contracts, for such construction and equipment would be let
and due and proper notice of its intention to issue such cer-
tificates of obligation; and
WHEREAS, the City Council thereafter awarded a contract
to P. G. BELL COMPANY, Houston, Texas (the "Contractor") in
the amount of $453 , 873 . 00, as the lowest and best bid for the
furnishing of such construction and equipment and the Con-
tractor at the time of the receipt of such bid elected to
assign such certificates in payment for all or any part of the
cost of the contract in accordance with the arrangements made
by the City Council; and
WHEREAS, the Contractor, as shown on a true copy of its
Claim No. 6 , attached hereto as Exhibit "A" and made a part
hereof as if fully written herein, has submitted said claim
pursuant to said contract; and
WHEREAS, the City has received the full benefits of such
contract represented by said claim to the full extent thereof
and to the full extent of the certificates of obligation here-
inafter authorized to be delivered; and no person, corporation
or trust estate has given notice in writing or otherwise to the
City, or -to any official thereof, of any liens for any materials,
apparatus, fixtures, machinery or labor furnished to the Con-
tractor as provided by Chapter 17, Acts of the Legislature of
Texas, 1925 (Article 5472-a, Vernon' s Texas Civil Statutes) ,
or any other provision of law; and
WHEREAS, the City does not hold a claim of any kind or
character which might be properly charged or interposed as an
offset or counterclaim to the payment of the aforesaid claim;
and
WHEREAS, said claim has been assigned to Pearland State
Bank, Pearland, Texas , without discount, and said bank is now
the legal owner and holder thereof; and
WHEREAS, the City Council of the City wishes to approve
said claim and authorize the payment thereof by the issuance
and delivery of certain of said certificates of obligation,
all as shown on said Exhibit "A" and as hereinafter set out:
AMOUNT TO BE
PAID BY ISSUANCE AMOUNT TO BE
OF CERTIFICATES PAID IN CASH
CLAIMANT OF OBLIGATION BY CITY
P. G. Bell Company $15, 000 . 00 $61,602 . 10
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS THAT:
Section 1. The matters and facts contained in the preamble
of this resolution are hereby found and declared to be true and
correct.
Section 2 . The claim described in the preamble of this
resolution and fully set forth in Exhibit "A" mentioned in said
preamble shall be, and the same is hereby, approved and allowed,
and the City hereby acknowledges receipt of the full benefits
represented by said claim to the full extent thereof and to the
full extent of the certificates of obligation herein authorized
to be delivered; and the City hereby recognizes and approves the
-2-
transfer and assignment of said claim and account to Pearland
State Bank, Pearland, Texas.
Section 3 . There is now due and owing to said bank the
sum of $15, 000. 00 and to the Contractor the sum of $61, 602 . 10 .
Section 4. There shall be executed and delivered to said
bank Certificates Nos. 56 through 58 , aggregating $15, 000 , of
the CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES
1978, dated May 1, 1978, and the sum of $61, 602.10 shall be
paid in cash by City out of available funds to the Contractor.
Section 5. The Mayor, City Secretary, City Treasurer,
and other appropriate City officials , are hereby authorized and
directed to deliver said Certificates above mentioned and to
do any and all things necessary or convenient to carry out the
terms of this resolution.
PASSED AND APPROVED this 18th day of December, 1978 .
/s/ Tom Reid
ATTEST:
Mayor
CITY OF PEARLAND, TEXAS
/s/ Dorothy L. Cook
City Secretary
CITY OF PEARLAND, TEXAS
(SEAL)
-3-
DELIVERY CERTIFICATE
THE STATE OF TEXAS X
COUNTIES OF BRAZORIA AND HARRIS X
We, the undersigned, officers of the City Council of the City of
Pearland, Texas, certify that on the2 '‘ day of December, 1978 , we
delivered to Pearland State Bank, Pearland, Texas, the following:
CITY OF PEARLAND, TEXAS , CERTIFICATES OF OBLIGATION, SERIES
1978, dated May 1, 1978 , numbered consecutively from 56
through 58, both inclusive, in the denomination of $5, 000
each, aggregating $15, 000, bearing interest at the rate of
5. 00% per annum, and maturing serially in their numerical
order on February 1 as follows :
$15, 000 1988
We further certify that, to our knowledge, there is no litigation
in any court, either pending or threatened, seeking to restrain or en-
join the issuance of said certificates, the levy of taxes for the pay-
ment thereof, or attacking the validity of said certificates or the
proceedings relating thereto, or the authority of the City to issue
the same or questioning or contesting the title of the present officers
of said City to their respective offices . We further certify that none
of the proceedings authorizing the issuance and delivery of said cer-
tificates have been repealed or rescinded; and no referendum petition
has been filed with respect thereto.
WITNESS our hands and the official seal of said City as of the
date shown above.
2
z=2)69-n;, A
,__
City Treas er Mayor
(CITY SEAL)
Cit. . ecretary
The foregoing signatures of the Mayor, City Secretary and City
Treasurer of the City of Pearland, Texas , are hereby certified to be
genuine.
P• . • AND STATE BANK
' 1.nd, Texas
1
V).
(Signature o Officer)
(BANK SEAL) Q4NASIs.,
(Title of Officer)
We hereby acknowledge receipt of the certificates described above,
which certificates constitute full payment of our claim against said
City in the amount of $15, 000 , said claim having been assigned to us ,
without discount, by P. G. Bell Company.
-
PEA' .. ND STATE BANK
Pe-rl d, Tex s �-By • �+ 1/
�
ignature of Officer)
(BANK SEAL) QZ3&:IN
(Title of Officer)
VINSON & ELKINS
ATTORNEYS AT LAW
FIRST CITY NATIONAL BANK BUILDING
HOUSTON, TEXAS 77002
TELEPHONE 713 651-2222 TWX 9108816391 TELEX 762 146
47 CHARLES ST.BERKELEY SQUARE FORT WORTH NATIONAL BANK BLDG. 1101 CONNECTICUT AVE.N.W.SUITE 900
LONDON WIX 7PB ENGLAND FORT WORTH,TEXAS 76102 WASHINGTON,D.C.20036
TELEPHONE 44 01 491-7236 TELEPHONE 817 335-7331 TELEPHONE 202 862-6500
CABLE VINELKINS LONDON W.1.•TELEX 24140 CABLE VINELKINS•TELEX 89680
February 5, 1979
Mrs . Dorothy L. Cook
City Secretary, City of Pearland
P. O. Box 1157
Pearland, Texas 77581
Re: $290 ,000 City of Pearland, Texas
Certificates of Obligation, Series 1978
Dear Mrs . Cook:
Enclosed are two bound transcripts of proceedings au-
thorizing the issuance of these Certificates of Obligation.
One copy is for the permanent records of the City and the
other is for Pearland State Bank, the purchaser of the Cer-
tificates.
With kindest personal regards and best wishes , I am
Ver truly ours ,
Howard W. Mays
185 :51B
Enclosure
moody Investors Service 99 Church Street,New York,N.Y.10007
212 553-0300
SFC3EME
SEP 3
CITY OF
NARL'ANU
August 27 , 19S1
Mr. Ronald C. Wicker
City Manager
City Hall
2335 North Texas
Pearland, Texas 77581
Dear Mr. Wicker:
We wish to inform you that our Rating Committee has
assigned the rating of A to the $400 ,000 Pearland, Texas
General Obligation, Limited Tax Bonds which sold through
negotiation July 27 , 1981 .
In order that we may maintain the currency of this
rating over the period of the loan , we will require current
financial and other updating information. We will appreciate
your continued cooperation in the future.
Sincerely yours ,
Freda Stern Ackerman
Executive Vice President
FST:vlw
cc : Mr. Frank J. Ildebrando
Vice President
Underwood, Neuhaus & Co . , Inc.
724 Travis at Rusk
Houston , Texas 77002
•
EXHIBIT "A"
Claim No. 6 Dated: December 18, 1978
of P. G. Bell Company (the "Contractor") , against the City of
Pearland, Texas (the "City") , as per contract in the amount of
$453, 873. 00, between the City and the Contractor:
1. Total completed to date $390 , 669 .00
2. Less 10% retainage $ 39 , 066 .90
3. Less previous payments $275, 000.00
4. Current payment due $ 76, 602 .10
5. Amount to be paid Contractor by issuance
of Certificates of Obligation $ 15, 000 . 00
6. Amount to be paid by City $ 61, 602 .10
The amount shown in line 4 above represents our claim
against the City of Pearland, Texas , for performance under and
in conformity with the terms and conditions of the contract
described above; and $15, 000. 00 of such claim has been and is
hereby assigned in full, without discount, to Pearland State
Bank, Pearland, Texas.
P. G. BELL COMPANY
By
(Authorized Representative)
(SEAL)
(Title)
All materials and supplies represented by the claim shown
in line 4 above are in full accordance with the terms and con-
ditions of the contract described above, and such claim is
hereby in all things approved for payment by the City.
MALCOLM A. COLLINS, ENGINEER
By
IN WITNESS WHEREOF, this Certificate of Obligation has been signed
by the Mayor of the City and countersigned by the City Secretary of the
City, and the official seal of the City has been duly impressed, or
placed in facsimile, on this Certificate.
DATE OF INITIAL DELIVERY OF THIS CERTIFICATE : ,
19
COUNTERSIGNED : Mayor
City of Pearland, Texas
City Secretary
City of Pearland, Texas
(SEAL) n 1
,---- (- \-:\ \ ,...‘1 ,, \ \ -:_-- .\ .,,,
C.1 1 t !----,-: ' �,1 ; �---, \s-- \ .,..-: \, ;.;--A i 1 t j; ','\. ;\ \ �i ;J
EMINIEEMESEEMEMEMEMEMMINEMEMEMEMEENESSEMEMEMEMEMEM
nii:i Rai
Ri IT IS HEREBY CERTIFIED that, at the request of the holder of the ni
gi within Certificate, I have this day registered it as to principal in gl
the name of such holder as indicated in the registration blank below, gi
on the books kept by me for such purpose. The principal of and in- gi
terest on this Certificate shall be payable only to the registered Ni
RI holder named in the below registration blanks . If the last transfer gi
gi recorded on the books of the Registrar and in the below registration 4
gi blank shall be to bearer, the principal and interest of this Certifi- gi
gi cate shall be payable to bearer, and such Certificate shall be in all gi
gi respects negotiable . Ki
RI El
NiNi ?Si
niniiniEMIXEMEMEEMEMEMEEMEMNEMESSZBEEMEMESEMEMEMBEini
Signature of
Name of Date of City Secretary
Registered Holder Registration (Registrar)