R71-17 01-25-71 NO. 71-17
A RESOLUTION AUTHORIZING THE GIVING OF NOTICE OF THE INTENTION
TO ISSUE TIME WARRANTS FOR THE PURPOSE OF FINANCING PROFESSIONAL
ENGINEERING COSTS INCURRED IN THE IMPLEMENTATION OF ADVANCED
WASTE TREATMENT PROCESSES FOR THE CITY OF PEARLAND, TEXAS, PUR-
SUANT TO ORDER 69-9A OF THE TEXAS WATER QUALITY BOARD, PROVIDING
THE DETAILS RELATING THERETO; AND CONTAINING OTHER PROVISIONS
RELATING TO THE SUBJECT.
WHEREAS, all waste dischargers within the Clear Lake Watershed (exclud-
ing those dischargers that have already been diverted out of the watershed and
excluding those dischargers pursuing applicable alternatives) were ordered on
the 28th day of August, 1970, to improve and upgrade their waste treatment
facilities and operations in accordance with Section 3 (pages 4 and 5) of Texas
Water Quality Board Order No. 69-9, and;
WHEREAS, the construction and other work necessary to achieve satisfac-
tory compliance with these requirements are to be completed as soon as is reason-
ably possible but not in excess of two (2) years from the date of the adoption of
Order No. 69-9A, and;
WHEREAS, all waste dischargers electing to implement advanced Waste
Treatment practices must submit written reports and otherwise comply with the
following provisions:
1. By December 1, 1970, submit to the Board a written report contain-
ing a description of the additional treatment facilities proposed along
with appropriate documentation as to the engineering firm or person
authorized to proceed with the design of the facilities.
2. By February l, 1971, submit written report detailing the proposed
fiscal or other programs to be used in constructing and operating the
facilities.
3. By May l, 1971, submit a complete progress report on all phases of
compliance with this Order.
4. By August 1, 1971, construction of the facilities should commence
and a report should be submitted containing the date of the start of
construction and the estimated date of completion.
5. After August 1, 1971, quarterly progress reports shall be submitted
and by August 28, 1972, all facilities shall have been completed and in
operation, and;
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WHEREAS, the City of Pearland, Texas, has heretofore provided the Texas
Water Quality Board with written evidence that it proposes to provide tertiary
or advanced waste treatment as per Board Order No. 69-9A, and;
WHEREAS, the City of Pearland, Texas, pursuant to Board Order No. 69-9A,
Section 7(A)l has designated the Engineering firms of WILLIAM C. WALSH and BOVAY
ENGINEERS, INC., as the engineering firms or persons authorized to proceed with
the design of the Advanced Waste Treatment facilities for the City of Pearland,
Texas, and;
WHEREAS, by February l, 1971, the City of Pearland, Texas, must submit
a written report detailing the proposed fiscal or other programs to be used in
constructing and operating the Advanced Waste Treatment facilities, and;
WHEREAS, the firms of WALSH and BOVAY have heretofore notified the City
Council that engineering costs for the preliminary phase and report as required by
69-9A, Section 7(A)2 will be FIFTEEN THOUSAND AND NO/lO0 ($15,000.00) DOLLARS, and;
WHEREAS, the City Council of the City of Pearland, TExas, has determined,
and hereby determines and declares, that it is necessary and for the best inter-
est of the Citizens of the City to abide by the dictates of Order 69-9A and to
construct permanent improvements, additions and extensions to the City's Sanitary
System in accordance with such order, and that it is also necessary and to the
best interests of the Citizens of the City to issue time warrants of said City
for the purpose of evidencing the indebtedness of the City to pay all of the
cost of the personal and professional services to be rendered by the firms of
WALSH and BOVAY, Engineers in connection with the preliminary phase of the ad-
vanced waste treatment implementation of the City of Pearland, Texas, and;
WHEREAS, the City Council wishes to proceed with the giving of notice of
the City's intention to issue time warrants for the payment of the services ren-
dered and to be rendered by WALSH and BOVAY ENGINEERS; Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section I:
That the facts and recitations contained in the preamble of this resolu-
tions are hereby found and declared to be true and correct.
Section II:
That 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 time
warrants in substantially the following form, to-wit:
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NOTICE OF INTENTION TO ISSUE TIME WARPJINTS BY THE CITY OF PEARLAND, TEXAS
To the Qualified Voters of the City of Pearland, Texas, whose names appear in the
last approved tax rolls of Property Tax payers; and to all other interested persons:
Notice is hereby given by the City Council of the City of Pearland, Texas,
to issue Time Warrants for the purpose of financing professional engineering costs
incurred in the implementation of Advanced Waste Treatment processes for the City
of Pearland, Texas, pursuant to Order 69-9A of the Texas Water Quality Board.
Such Warrants shall be in the maximum amount of $15,000.00, such sum to
bear interest at the rate of six and one-half (6 1/2%) per cent per annum, to be
payable on or before three (3) years from date thereof and shall be issued on or
after the 23rd day of February, 1971, at the City Hall of said City of Pearland,
Texas, unless prior to said date ten (10%) per cent of the qualified voters of
the City of Pearland, Texas, whose names appear on the last approved tax rolls
as property tax payers petition to the City Council in writing to submit to a
referendum vote the question as to the issuance of said Warrants for such purposes.
By order of the City Council of the City of Pearland, Texas:
DOROTHYLCOOK/~"
City Secretary, City of Pearland, Texas
Section III:
That the notice set forth in Section II of this resolution shall be pub-
lished in the Sun Progress once a week for two (2) consecutive weeks prior to
February 23, 1971, the date of the first publication to be at least fourteen
(14) days prior to February 23, 1971.
It is hereby found and declared that the Sun Progress is a newspaper pub-
lished within the City of Alvin, Texas, and is a newspaper of general circulation
within said City of Pearland, Texas, there being no newspaper published within
said City of Pearland, Texas. A copy of said notice and this resolution shall
also be posted at the door of the City Hall of the City of Pearland, Texas, and
the same shall be posted at least fourteen (14) days prior to February 23, 1971.
Section IV:
That this resolution shall take effect from and after its passage.
-3-
Passed and approved by the City Council of the City of Pearland, Texas,
meeting in regular session, this ~ day of ~/~~ , 1971.
Mayor, City of Pearland
ATTEST:
(-~6qty Secretary~~ ~'
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AFFIDAVIT OF PUBLICATION
i
' p (' 1 01 !1i1
�1 FEB 26 1971
CITY OF I r 01
•
NO ' 0/2 t'c tu_1L�,Sli .T01
rLi_`a '11M f,',' '_l,t BY 1
•THE STATE OF TEXAS ) ti;4+� ` lb0 egg` iT",`°1;k ' "D
COUNTY OF BRAZORIA ) . . rsz"
1700 t- a alifi • 'k,V of
,a in 0rCPZ3 °e" -i, raexas,!
` ^F cr'E' i� the!
BEFORE ME, the undersigned authority, a Notary Public in and l.str_EJ oved ss of;
P.ropert Etb i •• to
for said State and County, on this day personally appeared p ,.al other^n - est•ed persons:
Notice 9®,'L :a`4► (I� 1 by
the •City • f;@U(t City
A. E . BOWEN , being known ofPea``rlan , c i , ap is e
Time;�U %� ILIZ Pur- I
to me, and being by me first duly sworn, upon his oath deposes and says: pose ,, ,,-:t,;r„0 :i:nal
that he is the editor-publisher of SUN PROGRESS engineer ,',I.i"1S fr,. .n!
P tkie{•
amp G ' =i
BRAZORIA
ed waste., c..1)1 • •�
a newspaper of general circulation published in , �-�-- •t
ses-for fa, y V a d,
County, Texas: that a copy of the attached notice was published in the Texas, l a ilootp. RD Order 69-
En English language in said newspaper on the followingdates: sa. o as �k Qua1-
gity'Board.
Such Mairdaq Efsa 1��"- in.
February 4 19 7L_ I the Maxi•mu ",; cga5, ,t'
000 00, su h •�y j tag an=
terest- th J CV aliA and
February 11 19 71 one hails `��",4; yi? cent
- =!-.Rer anri i ,• •: -
_ -- r9 — or befo vt Ne:
date { `.- -�+; °.-- "-,:,s -
sued.C�°folF tom'.," F2 a � jj 19 of Feb. -A,5'0. ';3•,'Too IM7
Hal, •' s:"i+''.hit' o' i°ear and,
19 1 Texas, less' rior to -1
date {l(t e!J wig(•}'j the
qu„alifie••:(+:+'r";.B Qf of.,
19 Pre air 1f3 LiTamm Mips e-'
names '' ail Q ap-
proved �*,v ag,property
tax.pay tition{�jQ City.,
A copy of such notice being attached hereto and expressly made a co ne1i" ,.". e{ , submit I
•5.
part of this affidavit ofpublisher or other dulyauthorizedperson. to agl V ,sc,• ques_
{ gli C,. VOA flcsjillairgi CO Wit I
,.b.:fir;, ,•leOPOl4c2
SUN PROGRESS IP, 742-;i4;. iam •asse- Egn
a'.w.,idtil �,�. Janulny 25,Mo 1
/.9,1) :ar,thy.A,,,eaoak ,t,
City .•Secretar , City of=
Pearland,Texa'irrs.
A. E . Bowen, Publisher J
SWORN TO AND SUBSCRIBED before me by the said
________
A_ F. _ BOWEN , publisher of
SUN PROGRESS 25th
, on this the
day of February , 19 71 , to certify which
witness my hand and seal of office.
L. S. �
otary Pub ' i d for Brazoria ounty,
Texas . Patsy J. Dansby.
$25 . 80
Printer's Fee:
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NOTICE OF INTENTION TO ISSUE TIME WARRANTS BY THE CITY OF PEARLAND, TEXAS
To the Qualified Voters of the City of Pearland, Texas, whose names appear
in the last approved tax rolls of Property Tax Payers; and to all, other
interested persons:
Notice is hereby given by the City Council of the City of Pearland, Texas, .
to issue Time Warrants for the purpose of financing professional engineering
costs incurred in the implementation of Advanced Waste Treatment processes.
for the City of Pearland, Texas, pursuant to Order 69-9A of the Texas Water
Quality Board.
Such Warrants shall be in the maximum amount of $15,000.00, such sum to
bear interest at the rate of six and one-half (6 1/2%) per cent per annum,
to be payable on or before three (3) years from date thereof and shall be
issued on or after the 23rd day of February, 1971 , at the City Hall of said
City of Pearland, Texas, unless prior to said date ten (10%) per cent of the
qualified voters of the City of Pearland, Texas, whose names appear on the`
last approved tax rolls as property tax payers petition to the City Council
in writing to submit to a referendum vote the question as to the issuance of
said Warrants for such purposes.
By Resolution No. 71r17 of the City Council of the City of Pearland, Texas
passed and adopted on January 25, 1971 .
_
By:
DOROTHY L, CO -
CITY SECRETARY, City of Pearland, Texas