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Ord. 0379 06-26-78THE STATE OF TEXAS COUNTIES OF BRAZORIA AND HARRIS CITY OF PEARLAND The City Council of the City of Pearland, Texas, convened i~' regular meeting, open to the public, on the 26th day of June, 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 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 $175,000 CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1978-A; RATIFYING CONTRACT; 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 June 12, 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: Ail 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, NO. 379 ORDINANCE AUTHORIZING ISSUANCE OF $175,000 CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1978-A; RATIFYING CONTRACT; 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 May 8, 1978, for constructing and equipping public works for the City, to-wit: 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 S&S Contracting Co. $149,200 2315 Southwest Freeway Houston, Texas 77098 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, 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 S&S Contracting Co. 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-A (hereinafter called the "Certificates"), are hereby authorized to be issued and delivered in the principal amount of $175,000 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: a municipal equip- ment maintenance and storage building, sometimes called a "City Service Center", including the cost of professional services in connection therewith, in strict conformity with the Constitution 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 June 1, 1978, shall be numbered consecutively from 1 through 35, 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: -2- YEAR AMOUNT ~ $25,000 1982 25,000 1983 25,000 1984 25,000 1985 25,000 1986 25,000 1987 25,000 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 to June 1, 1979, and on June 1, 1979 and thereafter at the rate of 6.00% 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 CITY OF PEARLAND, TEXAS CERTIFICATE OF OBLIOATION SERIES 1978-A 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 -3- registered, to the registered owner hereof, at the rate of 5.00% per annum to June 1, 1979, and on June 1, 1979 and thereafter at the rate of 6.00% per annum, interest payable February 1, 1979, and semiannually thereafter on each August 1 and February 1 while this Certificate 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 June 1, 1978, numbered from 1 through 35, in the denomination of $5,000 each, aggregating $175,000, 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 indebtedness of the City for all or any part of the cost of con- structing and equipping public works for the City, to-wit: a municipal equipment maintenance and storage building, sometimes called a "City Service Center", including the cost of profes- sional services in connection therewith, and pursuant to an ordinance adopted by the City Council of the City on the 12th day of June, 1978. IT IS HEREBY certified, recited, and coYenanted 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 in- terest 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 --4-- 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, Regul~ar 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 Secretary 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 similarly noted hereon; but this Certificate may be d~schar~ed from registration by being in like manner transferred to bearer, whereupon transferability by delivery shall be re- stored; 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 Cer- tificate. DATE OF INITIAL DELIVERY OF THIS CERTIFICATE: XXXXXXXXXX COUNTERSIGNED: Mayor City of Pearland, Texas XXXXXXXXXX City Secretary City of Pearland, Texas (SEAL) -5- 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) Section 8. A special fund or account, to be designated the "City of Pearland, Texas, Certificates of Obligation, Series 1978-A, 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. Ail 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 -6- 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 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 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. -7- 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 26th day of June, 1978, at · 0 7.3 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 $175,000 Certificates of Obligation, Series 1978-A, 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 day of June, 1978. ..' ~' TEXAS (SEAL) r- r- r- CITY OF PEARLAND, TEXAS CERTIFICATES OF OBLIGATION SERIES 1973-A * * * * * * * * $155, 000 * * * * * * * * 5. 00% and 6. 00% CITY OF PEARLAND, TEXAS CERTIFICATES OF OBLIGATION SERIES 1978-A * * * * * * * * $155, 000 * * * * * * * * 5. 00% and 6 . 00% - •11 m 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 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 a resolution authorizing publica- tion of notice to bidders and notice of intention to issue Certificates of Obligation, Series 1978-A, of the City , for the purpose of constructing and equipping public works for the City, to-wit : a municipal equipment maintenance and storage building, sometimes called a "City Service Center" , 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 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 17 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 resolucion autorizando publica- cion de un aviso a postores y aviso de intencion de emitir Certificados de Obligacion, Serie 1978-A, de la Ciudad, con el fin de construir y equipar obras pfiblicas para la Ciudad, a saber: un edificio de mantenimiento y deposito de equipos municipales, tambien conocido como un "Centro de Servicio Municipal" , 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 resoluciOn en el transcurso de la reunion. DADO BAJO MI FIRMA Y EL SELLO OFICIAL DE LA CIUDAD, este dia 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 /D :oo o ' clock ,4 .m. on the ii 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 // day of Gee. , 1978 . City Secretar CITY OF PEARL ND, TEXAS (SEAL) CERTIFICATE FOR RESOLUTION AUTHORIZING PUBLICATION OF NOTICE TO BIDDERS AND NOTICE OF INTENTION TO ISSUE $175, 000 CITY OF PEARLAND, TEXAS , CERTIFICATES OF OBLIGATION, SERIES 1978-A 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 17th day of April, 1978 . Cit cre ary 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 special meeting, open to the public , on the 17th 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 : 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 $175 , 000 CITY OF PEARLAND, TEXAS , CERTIFICATES OF OBLIGATION, SERIES 1978-A (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 $175,000 CITY OF PEARLAND, TEXAS , CERTIFICATES OF OBLIGATION, SERIES 1978-A 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 for the purpose of constructing and equipping public works for the City, to-wit : a municipal equipment maintenance and storage building, sometimes called a "City Service Center", in accordance with the notice herein- after set forth; and WHEREAS, no bids relating to such project have been received by the City in response to a previously published notice; 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 to bidders and notice of intention to issue Cer- tificates of Obligation in substantially the following form: r 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 $175,000 , 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 17th day of April , 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 17th day of April, 1978 . ATTEST: /s/ Tom Reid /s/ Dorothy L. Cook Mayor CITY OF PEARLAND, TEXAS City Secretary CITY OF PEARLAND, TEXAS (SEAL) RESOLUCION AUTORIZANDO PUBLICACION DE UN AVISO A LOS POSTORES Y AVISO DE INTENCION DE EMITIR CERTIFICADOS DE OBLIGACION POR VALOR DE $175 , 000 DE LA CIUDAD DE PEARLAND, TEXAS, SERIE 1978-A EL ESTADO DE TEXAS 4 CONDADOS DE BRAZORIA Y HARRIS 1 CIUDAD DE PEARLAND POR CUANTO, el Consejo Municipal de la CIUDAD DE PEARLAND, TEXAS (la "Ciudad" ) , considera aconsejable emitir Certificados de Obligacion de la Ciudad con el fin de construir y equipar obras publicas para la Ciudad, a saber: un edificio municipal de almacenamiento de equipo y de mantenimiento, a veces ilamado "Centro Municipal de Servicio" , 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 . 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 aqul en adelante "propuestas" ) dirigidas al Alcalde y al Consejo Municipal de la Ciudad de Pearland, Texas (la "Ciudad" ) , se recibir n en una reuni6n 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 8 de mayo de 1978 , siendo la hora y el lugar en que las propues- tas se abrirgn al pfiblico y se leergn en voz alta, para el suministro de toda mano de obra, materiales , provisiones , maquinaria, equipamiento, seguros , herramientas y superin- tendencia para construir y equipar edificios para la Ciudad, a saber: 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 construccibn y equipamiento, y para autorizar la emisibn de Certificados de Obligaci6n conforme a los terminos y requisitos de este Aviso en dicha reuni6n o en una reuni6n subsecuente del Consejo Municipal en dicho Municipio . Se devolverdn sin abrir propuestas recibidas despues de la consumaci6n 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 instituci6n 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 garantla de que el postor favorito se comprometerg por contrato, y cumplird con los bonos y las garantlas de acuerdo con los terminos expuestos en Este, y en los documentos del contrato, pianos y especifi-- caciones, dentro de diez (10) dlas despues de darse el aviso de asignaci6n de contrato. Se devolvergn 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 devolvergn 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 mgs bajas . El postor favorito debe proporcionar fianza de cum- limiento y fianza de pago en los formularies proporcionados con dichos documentos del contrato, cada una en la cantidad Integra del precio del contrato y emitida por una institu- ci6n 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, segn 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 sergn to minim° pagado a la mano de obra empleada para trabajar en este proyecto. La oficina del Gerente Municipal en el Municipio de la Ciudad mantiene copias de los documentos del contrato y de las especificaciones y estos se podran ser examinados sin costo alguno, o se podran obtener alli por postores prospec- tivos o suministradores al pagar Diez Dblares ($10 . 00) par cada juego de los mismos, y los cheques serf pagaderos a la Ciudad. Se reembolsaran dichos pagos a postores actuales al devolverse dichos materiales en buenas condiciones dentro de cinco (5) dias despues de la apertura de las propuestas . Este Aviso serg, y constituira parte de dichos docu- mentos del contrato y especificaciones . No se retiraran dichas propuestas despues de la con- sumaci6n del tiempo asignado para recibir propuestas y hasta por treinta (30) dias despues de dicha consumaci6n de tiempo . La Ciudad reserva el derecho de aceptar la propuesta que juzgue mas ventajosa para la Ciudad, incluyendo alternativos , asi como rechazar cualquier y toda propuesta, y renunciar cualquier informalidad. En caso de ambiguedad o de falta de claridad en las declaraciones de los precios en cada propuesta, la Ciudad se reserva el derecho de adoptar los precios por escritos o rechazar la propuesta. Es la intenci6n de la Ciudad pagar por toda o cualquier parte de cualquier obligaci6n contractual contralda por la construccion y equipamiento, incluyendo obligaciones contrac- tuales por servicios profesionales con respecto a lo mismo , por medio de la emisi6n de Certificados de Obligaci6n de la Ciudad, los pagos a ser derivados de los impuestos por avalfzos de la Ciudad, en la maxima cantidad principal de $175, 000, con intereses a raz6n de no mas de lo prescrito por el Articulo 717k-2 , V.T.C. S. , segfzn enmendado, y con vencimiento de un peri6do de anos a no exceder 20 aros de la fecha del mismo, con el pr6posito de comprobar el adeudo de la Ciudad por todo o cualquier parte del costo de dicha construcci6n y equipamiento, incluyendo el costo de servicios profesionales incurridos con respecto a lo mismo ; y el postor favorito sera requerido a aceptar dichos Certificados como pago de todo o una porci6n del precio o precios del contrato . El Cabildo 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 colecci6n a dicho contratista y (al recibir el Cabildo Municipal las propuestas) cada postor debe elegir si acepta o no dichos Certificados en pago de todo o parte del precio o precios del contrato, o ceder dichos Certificados de acuerdo con dicho concierto . EN FE DE LO CUAL FIRMO Y PONGO EL SELLO OFICIAL DE LA CIUDAD este dia 17 de abril de 1978 . /fdo/ Dorothy L. Cook Secretaria Municipal CIUDAD DE PEARLAND, TEXAS (SELLO) r--- '-- �-- � mm. ...., .. `%- Secci6n 3 . El aviso expuesto en la Secci6n 2 de este serd publicado una vez a la semana por dos (2) semanas con- secutivas en un peri6dico de circulaci6n general en la Ciudad, siendo el peri6dico oficial de la misma, y hacien- dose la primera publicaci6n no menos de catorce ( 14) dias antes de la fecha tentativamente fijada en dicho aviso para la adopci6n de la ordenanza que autoriza la emisi6n de dichos Certificados de Obligaci6n. Secci6n 4 . El Alcalde, la Secretaria Municipal y otros oficiales de la Ciudad quedan aqui autorizados y mandados a hacer todo y cuanto sea necesario o deseable para cumplir con las disposiciones de esta resoluci6n . Secci6n 5 . Esta resoluci6n entrare en vigencia in- mediatamente a ser adoptada. Secci6n 6 . Por la presente se declara y se determina oficialmente que la necesidad de la Ciudad de obtener dicha financiaci6n ha creado una emergencia y una urgente necesi- dad pfiblica para llevar a cabo en la fecha fijada la reuni6n del Cabildo Municipal en la cual es adoptada esta resoluci6n y para la adopci6n misma de esta resoluci6n; y el AVISO DE REUNION con respecto a dicha reunion, anteriormente fijado por la Secretaria Municipal, y la fijaci6n del mismo , son por la presente autorizados, aprobados , y ratificados . PASADA Y ADOPTADA este dia 17 de abril de 1978 . /fdo/ Tom Reid ATESTACION: Alcalde CIUDAD DE PEARLAND, TEXAS /fdo/ Dorothy L. Cook Secretaria Municipal CIUDAD DE PEARLAND, TEXAS (SELLO) r AVISO A POSTORES Y AVISO DE INTEhrii i-ioc-mtlITIR _ Legal Notices Legal Notices CERTIFICADOS DE OBLIGACION SE AVISA POR LA PRESENTS qua pro- paean s aelladas (de aqui en adelante pavans puvstas") dirigida. Consejo Municipal de la Ciudad de Pear- land,Texas(I."Ciudad"),se recibiran en NOTICE TO BIDDERS AND minimum paid for labor employed on this una reunion del Consejo Municipal en el NOTICE OF INTENTION TO ISSUE project. Municipio(City Hall),Ciudad de Pearland, CERTIFICATES OF OBLIGATION Bidders are expected to inspect the site of Condados de Brazoria v Harris, Texas, NOTICE IS HEREBY GIVEN that sealed the work and to inform themselves regard- haste las 7:30 PM, el die 8 de mayo de proposals (hereinafter sometimes called ing all local conditions. 1978,siendo la hors y el lugar en que las bids")addressed to the Mayor and City propuestas se abriran al publico y se leeran Council of the Cityof Pearland,Texas(the Copies of contract documents,plans and en voz alta,pare el suministro de toda mono THESTATE 0 "City"),will be received at a meeting of the specifications are on file at the office of the de obra, materiales, provisiones, maquin- City Council in the City Hall,City of Pear- City Manager in the City Hall of the City aria,equipamiento,seguroa, herramientas land,Brazoria and Harris Counties,Texas, and may be examined there without charge, v superintendencia pare construir y equipar until 7:30 PM,May 8,1978,at which time or may be obtained there by prospective edificios publicos pare la Ciudad,a saber: COUNTY OF and place they will be publicly opened and bidders or suppliers upon payment of Ten ecio mpl de mae read aloud, for furnishing all labor, ma- Dollars(110.00)for each set thereof,checks aun lmecenedifi m lento,unicia ve es conoc intidu nimiento como eyl teriels,supplies,machinery,equipment,in- to be made payable to the City.Such pay- "Centro Municipal de Servicio"; y el surance,tools and superintendence for con- menta will be refunded to actual bidders P Consejo Municipal tentatrvamente propose strutting and equipping public works for upon the return of such materials in good asignar un contrato,o contratoa,pare dicha the City, to-wit: a municipal equipment condition within five(5)days after opening construction y equipamiento, y para auto- maintenance and storage building, some- of bids. rizar la emision de Certificados de Obli- BEFOR. times called a"City Service Center"; and This Notice shall be and constitute a par gacion conforme a los terminus y requisitos the City Council tentatively proposes to let a of the said contract documents, plans an de este Aviso en dicha reunion o en una contract,or contracts,for such construction specifications. reunion subsecuente del Consejo Municipal and equipment,and to adopt an ordinance No such bide may be withdrawn after the en dicho Municipio. sonally apo authorizing issuance of Certificates of Obli- scheduled closing time for receipt of bids gation, in accordance with the terms and Scd devolveren sin abrir propuestas re- provisions of this Notice at such meeting or and for thirty ght(30)days epty thereafter.The City cibidas despues de la cheque de c del reserves the right to accept any bid deemed tiem o esi nedo. Un the ue ca o at a subsequent meeting of the City Council P H 91a (Ed�7 P tb in said City Hall. most advantageous to it, including alter- cheque certificado, girado a cargo de un 1 t O r/1�SL nates, to reject any and all bids, and to ' banco aceptable a la Ciudad y pagedero a la waive any informality.In case of ambiguity Orden de le Ciudad, o un bono de poator Bids received after said closing time will be returned unopened.A cashier's check or or lack of clearness in the statement of emitido por una institution de finaaas debi- prices in each proposal, the City reserves damente licensiada en el Estado de Texas, certified check,drawn on a bank acceptable me duly s WO, to the City and made payable to the City,or the right to adopt prices written in words,or en una cantidad igual a no menos del cinco to reject the proposal. porciento(5%)del total man grande posible a bidder's bond issued by a surety company duly licensed in the State of Texas, in an It is the intention of the City to pay all or de las propuestas sometidas, incluyendo amount equal to not less than five per- any part of any contractual obligation to be alternativos, debe atom pansy code pro- Tl cent(5%)of the largest possible total of the incurred for such construction and a propuesta,como garantia de out el poslor u bids submitted,including alternates,must meet,including contractual obligations for t 01 accompany each bid,as a guaranty that the professional services in connection there- successful bidder will enter into a contract with, by the issuance of Certificates of N( and execute bonds and guaranties on the Obligation of the City,payable from City ad terms provided herein,and in the contract valorem taxes,in the maximum aggregate 01 documents,plans and specifications,within principal amount of$175,000, bearing in- ten(10)days after notice of award of con- terest at a rate not in excess of that pre- tract.Such checks or bidder's bonds will be scribed by Article 717k-2, V.T.C.S, as returned to bidders within five(5)days after amended. and maturing over a period of opening of bids,except that such checks or years not to exceed 20 years from the date C- bidder's bonds of the acceptable bidders thereof,for the purpose of evidencing the Oa a]Yn-V,at _�a- ^Ve submitting the three lowest bids will be indebtedness of the City for all or any part "V1 AY uo+ aiv+ •- 'O+ 1 I returned to said bidders within twenty-four of the cost of such construction and equip- (24)hours after final execution of contract. ment, including the cost of professional services incurred in connection therewith; The successful bidder must furnish per- and the successful bidder or bidders will be 1.1 VS MLOA formance bond and payment bond on the required to accept such Certificates in pay- forms furnished with such contract docu- ment of all or any portion of the contract menos,each in the full amount of the con- price,or prices. tract price and issued by a surety company authorized to do business in this State in The City Council has made provision for accordance with the provisions of Article each contractor(successful bidder) to sell 5160,Revised Civil Statutes of Texas,1925, and assign such Certificates of bligation to as amended. another at par and without discount, and apnlpap'paJuapadxg In conformity with applicable law, the with no exchange or collection charges to al general prevailing wage rates in the locality such contractor,and each bidder is required • in which the work is to be performed have (at the time of the receipt of bids by the City t] been ascertained and such rates shall be the Council)to elect whether he will accept such Certificates in payment of all or a part of the to aagwu40 puowyJ!d ne contract price, or prices, or assign such Certificates in accordance with such ar- aplSadd-aJ1:1 .IawAo3 rangements. WITNESS MY HAND AND THE OF- aaJ`Cgf — aapgai J!AD * FICIAL SEAL OF THE CITY,this 17th day of April,1978. /s/Dorothy L.Cook City Secretary (SEAL) City of Pentland,Texas IJufO3,il!D$.laquaso l SWORN TO AND SUBSCRIBED BEFORE ME, this ;sapid gw,l — :+aluolig ‘-?-12.0.7, U83 apcootuaa ay1, , 1978 . dlsla d3831 400/ rlotar b1ic in ,,� ' .\ 1 Brazoria County,(Texas (NOTARY SEAL) I r— r— r.. mom. nom summil =mg m1 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 12th day of June, 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 $175, 000 Certificates of Obligation, Series 1978-A, 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 WA. day of June , 1978 . /s/ Loretta Bonin Assistant City Secretary CITY OF PEARLAND , TEXAS (SEAL) AA- f AVISO DE REUNION EL ESTADO DE TEXAS ¢ CONDADOS DE BRAZORIA Y HARRIS ¢ CIUDAD DE PEARLAND 4 SE AVISA POR LA PRESENTE que se llevara acabo una reunion del Cabildo Municipal de la CIUDAD DE PEARLAND, Condados de Brazoria y Harris, Texas (la "Ciudad" ) , el dia 12 de junio de 1978, a las 7 :30 p.m. , en el : Municipio (City Hall ) Pearland, Texas con el fin de considerar, y si to aconsejo el Cabildo Municipal, adoptar una ordenanza autorizando la emision de Certificados de Obligacion por valor de $175, 000, Serie 1978-A, y para conducir, considerar y actuar sobre cualquier otro asunto que se presente a la reunion. La necesidad de la Ciudad de obtener dicha financiacion ha creado una emergencia y una urgente necesidad publica para llevar acabo la reunion y para la adopcion de dicha ordenanza en la reunion. DADO BAJO MI FIRMA Y EL SELLO OFICIAL DE LA CIUDAD, este dia 9 de junio de 1978 . /fdo/ Loretta Bonin Secretaria Asistente de la Ciudad CIUDAD DE PEARLAND, TEXAS (SELLO) r . plimm it •I 110=■ mmill —" mmili mmoll t 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 w posted by me at // o ' clock GZ .m. on the TA day of , 1978 , in a place readily acces able t t e general ublic at all times , to-wit : ate ?)_S /V. ii4-- 0-tr-ems+ t-cQ _ , in the City Hall of t h e City. WITNESS MY .AND AND THE OFFICIAL SEAL OF THE CITY , this yfh day of , �. . ./ , 1978 . / �� e C l�?11..�y� Assistant City Secretary CITY OF PEARLAND , TEXAS (SEAL) CERTIFICATE FOR ORDINANCE AUTHORIZING ISSUANCE OF $175, 000 CITY OF PEARLAND, TEXAS , CERTIFICATES OF OBLIGATION, SERIES 1978-A; RATIFYING CONTRACT; 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 12th day of June, 19 8 c). °6vtpA 0-pti Assistant City SecretaryMayor (SEAL) r- m-- pm.= ..m . m 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 12th day of June , 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 Bonin Assistant 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 ordi- nance entitled: ORDINANCE AUTHORIZING ISSUANCE OF $175 , 000 CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1978-A; RATIFYING CONTRACT; 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 : ORDINANCE AUTHORIZING ISSUANCE OF $175 , 000 CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1978-A; RATIFYING CONTRACT; 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 May 8, 1978 , for constructing and equipping public works for the City, to-wit : 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 S&S Contracting Co . $149 ,200 2315 Southwest Freeway Houston, Texas 77098 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, 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 S&S Contracting Co . 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-A (hereinafter called the "Certificates") , are hereby authorized to be issued and delivered in the principal amount of $175,000 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 : a municipal equip- ment maintenance and storage building, sometimes called a "City Service Center" , including the cost of professional services in connection therewith, in strict conformity with the Constitution 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 June 1, 1978, shall be numbered consecutively from 1 through 35, 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 : -2- YEAR AMOUNT 1981 $25 ,000 1982 25 ,000 1983 25 , 000 1984 25 , 000 1985 25 ,000 1986 25 , 000 1987 25,000 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 to June 1, 1979 , and on June 1, 1979 and thereafter at the rate of 6 . 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 CITY OF PEARLAND, TEXAS CERTIFICATE OF OBLIGATION SERIES 1978-A 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 -3- rm.. ppm= pm= ommm mom= mom= Mimi MEM =mom =mom =mom mmim mml 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 Secretary 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 similarly noted hereon; but this Certificate may be discharged from registration by being in like manner transferred to bearer, whereupon transferability by delivery shall be re- stored; 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 Cer- tificate . DATE OF INITIAL DELIVERY OF THIS CERTIFICATE : xxxxxxxxxx COUNTERSIGNED : Mayor City of Pearland, Texas xxxxxxxxxx City Secretary City of Pearland, Texas (SEAL) -5- �— �• rm= Won= Mmmil - — — — mom, m..11 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) Section 8 . A special fund or account , to be designated the "City of Pearland, Texas , Certificates of Obligation, Series 1978-A, 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 -6- 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 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 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 . -7- �- pom=m pmm immim mom mmm mum mmmo 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 and heretofore posted by the Assistant City Secretary , and the posting thereof, are hereby approved , adopted and ratified . PASSED AND APPROVED this 12th day of June , 1978 . /s/ Tom Reid ATTEST: Mayor CITY OF PEARLAND, TEXAS /s/ Loretta Bonin Assistant City Secretary CITY OF PEARLAND, TEXAS (SEAL) -8- MOM != WM= mmm - �. - - % • 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 26th day of June , 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 $175,000 Certificates of Obligation, Series 1978-A, 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 ,24 day of June , 1978 . /s/ Dorothy L. Cook City Secretary CITY OF PEARLAND, TEXAS (SEAL) f 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 o ' clock - .m. on the day of , 1978, in a place readily accessible to the general publ c at all times , to-wit : � , in the City Hall of the City . WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY, this day of , 1978 . City Secretary CITY OF PEARLA , TEXAS (SEAL) t CERTIFICATE FOR ORDINANCE AUTHORIZING ISSUANCE OF $175 ,000 CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1978-A; RATIFYING CONTRACT; 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 26th day of June , 1978 . Je,-vc. 6 City Secr ry Mayor (SEAL) WW1- r= mom ....mg — --- , ---, 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 26th day of June , 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 ordi- nance entitled : ORDINANCE AUTHORIZING ISSUANCE OF $175, 000 CITY OF PEARLAND , TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1978-A; RATIFYING CONTRACT; 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 June 12, 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 : r- r' r ORDINANCE AUTHORIZING ISSUANCE OF $175,000 CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1978-A; RATIFYING CONTRACT; 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 May 8, 1978 , for constructing and equipping public works for the City, to-wit : 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 S&S Contracting Co. $149 ,200 2315 Southwest Freeway Houston, Texas 77098 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, d Texas , with whom the City Council has made provision for such assignment; 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 S&S Contracting Co . 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-A (hereinafter called the "Certificates" ) , are hereby authorized to be issued and delivered in the principal amount of $175,000 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 : a municipal equip- ment maintenance and storage building, sometimes called a "City Service Center" , including the cost of professional services in connection therewith, in strict conformity with the Constitution 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 June 1, 1978 , shall be numbered consecutively from 1 through 35 , 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 : • -2- YEAR AMOUNT 119 1 $25 ,000 1982 25 ,000 1983 25 ,000 1984 25, 000 1985 25 ,000 1986 25 , 000 1987 25 ,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 to June 1 , 1979 , and on June 1, 1979 and thereafter at the rate of 6 . 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 CITY OF PEARLAND, TEXAS CERTIFICATE OF OBLIGATION SERIES 1978-A 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 -3- r registered, to the registered owner hereof, at the rate of 5 . 00% per annum to June 1 , 1979, and on June 1, 1979 and thereafter at the rate of 6 . 00% per annum, interest payable February 1, 1979 , and semiannually thereafter on each August 1 and February 1 while this Certificate 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 June 1, 1978 , numbered from 1 through 35, in the denomination of $5,000 each, aggregating $175,000, 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 indebtedness of the City for all or any part of the cost of con- structing and equipping public works for the City , to-wit : a municipal equipment maintenance and storage building, sometimes called a "City Service Center", including the cost of profes- sional services in connection therewith, and pursuant to an ordinance adopted by the City Council of the City on the 12th day of June, 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 in- terest 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 -4- limits prescribed by law; that this Certificate shall be a debt of the City within the meaning of Article XI , Sections 5 and of the Constitution o.f Texas; and that, when delivered, this Certificate shall be deemed and construed (i ) to be a "Security" within the .meani:ng of Chapter 8 , Investment Securities, Uniform Commercial Code '(Chapter 785, Acts of the 60th Legilature , . . Regular Session,, 1967 ) , . and (ii) to be a general obligation of the City within ,,the meaning' of Chapter 784, Acts of the 6lst 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 keptfor that purpose at the office of the City Secretary 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 similarly noted hereon; but this Certificate may be discharged from registration by being in like manner transferred to bearer, whereupon transferability by delivery shall be re- stored; 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 Cer- tificate . DATE OF INITIAL DELIVERY OF THIS CERTIFICATE : xxxxxxxxxx COUNTERSIGNED : Mayor City of Pearland, Texas xxxxxxxxxx , City Secretary 0; 4-<. r,P , a m__.,. 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) Section 8 . A special fund or account , to be designated the "City of Pearland, Texas , Certificates of Obligation, Series 1978-A, 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- Fund. Duringa ech year while any of the Certificates are out- standing and unpaid, the City Council of the City shall compute and ascertain a gate and amount of ad valorem tax which will be sufficient to raise and produce the money required to pay the interest on the Ipertificates 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 ordered to be leied, against all taxable property in the City for each year while any of the Certificates are outstanding and 1 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 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 amolIunt of Certificates authorized to be delivered at any one time may be paid in cash or carried forward to a subsequent exchanIge, or exchanges , of claims for Certificates . However, none of the Certificates authorized by this ordinance I shall be delivereexcept pursuant to a further ordinance , or 1 ordinances , to beiadopted by this City Council. Section 10 . 'The Mayor and all other appropriate officers of the City are heTeby authorized and directed to do any and immm � 11mm F summm mama or or oa 01. 1 .0.0141 Section 11 . This ordinance was read once by the City Council on June 12, 1978 , and read again on June 26 , 1978 . 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 and heretofore posted by the City Secretary , and the posting thereof, are hereby approved, adopted and ratified . PASSED AND APPROVED this 26th day of June , 1978 . /s/ Tom Reid ATTEST: Mayor CITY OF PEARLAND , TEXAS /s/ Dorothy L . Cook City Secretary CITY OF PEARLAND, TEXAS (SEAL) -8- 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 llth day of September, 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-A, 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 d day of September, 1978 . /s/ Dorothy L. Cook City Secretary CITY OF PEARLAND, TEXAS (SEAL) d 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 :oo o ' clock A .m. on the e day of , 1978 , in a place readily accessible to the general public at all times, to-wit: , in the City Hall of t e City. WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY, this day of , 1978 . ity Secretar CITY OF PEARL D, TEXAS (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 llth day of September, 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 : 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 S & S Contracting Co. $40 , 000 . 00 $905 . 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 -2- 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 3. There is now due and owing to said bank the sum of $40, 000 . 00 and to the Contractor the sum of $905 . 00 . Section 4 . There shall be executed and delivered to said bank Certificates Nos . 1 through 8 , aggregating $40 , 000 . 00 , of the CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1978-A, dated June 1, 1978, and the sum of $905 . 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 llth day of September, 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: September 11 , 1978 of S & S Contracting Co. (the "Contractor") , against the City of Pearland, Texas (the "City") , as per contract in the amount of $149,200.00, between the City and the Contractor: 1 . Total completed to date $45,450.00 2. Less 10% retainage 4,545.00 3. Less previous payments None 4. Current payment due 40,905.00 5. Amount to be paid Contractor by issuance of Certificates of Obligation 40,000.00 6. Carry-over to next claim 905.00 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 described above; and $40,000.00 of such claim has been and is hereby assigned in full , without discount, to Pearland State Bank, Pearland, Texas . S & S CONTRACTI(1G Cj/) — b. By i -- T- (AU1jhorized1Representltive) (SEAL) 1/;;_._ r � (Title) All materials and supplies represented by the claim shown in line 4 above are in full accordance with the terms and conditions of the contract described above, and such claim is hereby in all things approved for payment by the City. CITY OF FARLAND, TEXAS By l /?! ''le GENERAL BUILDING INSPECTOR (Title) 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 /9 day of September, 1978 , we delivered to Pearland State Bank, Pearland, Texas, the following : CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1978-A, dated June 1, 1978 , numbered consecutively from 1 through 8 , both inclusive, in the denomination of $5, 000 each, aggregating $40 , 000, bearing interest at the rate of 5. 00% per annum to June 1, 1979 , and on June 1 , 1979 and thereafter at the rate of 6. 00% per annum, and maturing serially in their numerical order on February 1 as follows : $25, 000 1981 15, 000 1982 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. Lyt_ City Treas er Mayor (CITY SEAL) City 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 P ar nd, Texas \b.R) (Signature of Officer) (BANK SEAL) Cashier (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 $40 , 000, said claim having been assigned to us , without discount, by S & S Contracting Co. PEARL: D STATE BANK Pe. • • Tex is By ♦ ) ..C6Orf - gnature of Officer) (BANK SEAL) Cashier (Title of Officer) ommmil mm, —1 s 4 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 23rd day of October, 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 1978A, 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 /J day of October, 1978. /s/ Dorothy L. Cook City Secretary CITY OF PEARLAND , TEXAS (SEAL) r 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 /q .m. on the %y day of e,,4e„ , 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 ,y day of gt ,, , 1978. ity Secretar 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 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 23rd day of October, 1978 City S to y 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 23rd 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 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: a municipal equipment maintenance and storage building, sometimes called a "City Service Center" , 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 S & S CONTRACTING CO. , Houston, Texas (the "Contractor") in the amount of $149 ,200 . 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. 2 , 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 S & S Contracting Co. $35,000 . 00 $105 . 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 -2- EXHIBIT "A" Claim No. 2 Dated: October 23 , 1978 of S & S Contracting Co. (the "Contractor") , against the City of Pearland, Texas (the "City") , as per contract in the amount of $149 , 200 . 00 , between the City and the Contractor : 1. Total completed to date $83 , 450 .00 2 . Less 10% retainage $ 8 , 345 . 00 3. Less previous payments $40 ,000 . 00 4 . Current payment due $35 , 105. 00 5. Amount to be paid Contractor by issuance of Certificates of Obligation $35 , 000 . 00 6. Carry-over to next claim $ 105 . 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. S & S CONTRACTING CO. By 2vc 2-2/ 5�/hr (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. CITY OF PEARLAND, TEXAS By 167 121 GENERAL BUILDING INSPECTOR 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 6 3 day of October, 1978 , we delivered to Pearland State Bank, Pearland, Texas , the following : CITY OF PEARLAND, TEXAS , CERTIFICATES OF OBLIGATION, SERIES 1978-A, dated June 1, 1978, numbered consecutively from 9 through 15, both inclusive, in the denomination of $5 , 000 each, aggregating $35 , 000 , bearing interest at the rate of 5 . 00% per annum to June 1, 1979 , and on June 1 , 1979 and thereafter at the rate of 6 . 00% per annum, and maturing serially in their numerical order on February 1 as follows : $10 , 000 1982 25, 000 1983 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. c..:11.-1)6k 41 i?1-4-411-14iii ".491 City Trea rer Mayor (CITY SEAL) j _ City Secretary The foregoing signatures of the Mayor, City Secretary and City Treasurer of the City of Pearland, Texas , are hereby certified to be genuine. ' ' 4RLAND STATE BANK Pe. , lrrand`�,, aa exas (Signature of Officer) ,....Kar\l'i-N-, (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 $35, 000 , said claim having been assigned to us, without discount, by S & S Contracting Co. PEA ' . ND STATE BANK P- ,'nd, To, as B A ' * . 21 — Signature of 0 ficer) Q.-Z.)1\1:1N (BANK SEAL) (Title of Officer) • ,s l w r. ter. :f• -rA' .• st 1 EWA A AI A C.;..t.A t n r�.�t <t' ~ " - 10 ,10a r-ft, I ! ^:+:7k?Y's•a Ti L',y 9 ' 110- v18'i9 i%:tl 9.$:t ,� 'u ' .1t31.1 ti:I, bd.:f ,#kiX %1, 4 , . Sale' fo"t 6. 1i.s.-i 0.1 :79?:4it L 1 Pik.;•. iFr':a . ./,r:A )I2 O as *A7 1's .-, ‘ -Vi lc' Yirl r, s,.. . i 4t.wv:lttis $O 46. ,$t,Q1 a "9i it bt,ti • A--41111 f o,i_ 1,,, t:,?i 'Slj ,IREN!'#E9 61+? . .-,9ff ritil.,tf'ft riic,' Li, i 4:,;l�?*f t.blv, 1'. If .1 owl, 110 33. .. '4j T v W lottuDt ''.4. .8 LO.? N 'vow t.,iI er, t ici6riltaE. r is*.1 'xit&tti Yti .i.L'Bi ! aQ 1 041;,hit h tri •:)ay a,t.�1:31 .,[,.9 �I U)( Ai p al' „dsatt ritId 1.‹.) -,1:3i#4D,!. t ii . . :rrn n 1Ti-stJ.aattl:l' n:.+ 1',�1t,/( 0.0• gD 4 .,wit-pnxb ..,v.•7Sf t s ,i lio, +(if!.t; f• . ,; ' jr'9! P. -let' :t 3ti N'ygi i. t It •.b,r. O 90-fir';:?`. ,. 'f$;L t�"-+-: : .* T#:) '#: 1 S.a 1 so F3i,1 2: ttp . 43: 7p .-t or.e.1.01.7 - 4 k• } • : r 1 'if 1i Jn5i` i..Yrir lat) **-40 -1Q i�:4.44 t&it .i. c I' x y .14 hitivi • • :NI x l.3,.? `'*T 7- .1M1� f:if ♦ }-.%• • e.+ �,31 � it.- LAX y..11 I 14 I •'` ;` ' ' tb 16uti t)ax s . ua*# 'tit-Lids-uiifr ap stkre:>:}on .44J i? eci i.rb-t'15)` e':3 ,.)`: :rtf f?tfts ;b?r3�'t `7 ''IrCf- .0&*(1`'Y Ji:'6 c.v; :f ttf-_,43,•zoi'_• ' I • toil•- , J.1 bits,*is 1t3 Isom. -Li i' to:. alit it �d 1f10 `ez3 T P r., 1 • ..yam «..4-'.•.•'-- •'•,.r --4.. 41 W." Wit; A. f r, • -+ i:.3 ,'COT 3 ► 1141.41t1 OCT Pia Pal t O --1, `F s o`„ ')011 : e.' kc4e.cr( t:_u 41>&Ze' ntall,it -to •J1,i:� srf.:L.4. r� e.)11 ?MM. + - r 4? : x .. c , heel t.1;:JB`3tr►` sett a.t111 id"1 3 � �t�:o'1:'�,ubo.� oo 'i,.-4724* '•. • ' ;-$a`iti.69ti to t-415 .4...) 110 a ; 4 .1 j rtvo e�)J4r)..t. $�raies .- , - ,,it ' ' !'stii?'a f rt�rt•cl''� d.t'9 #1$8.' ,0**£ 0 Itiv , _ R,,,yi'• •r _ .Q. '. ;1i liClf`i a $ .e vti .:#nf!+..De , '. -. ..,. ` ' 11 t A rt{`A ,r a f �r�f ra ��•-: .A.1 A.3�Lh•i! is • , .amik-4,-.- "s>- • .. • 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 , in a place readily accessible to the general public at all times , to-wit : �,;;�..E�n .F,:;► , in the City Hall of the City . WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY, this 11 day of r , 1978. City Secretary CITY OF PEARL D , TEXAS • (SEAL) — r— .••■•• 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 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 13th day of November, 8 . City re ary 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 ersons were pres nt, except the following ab- sentees : /34, 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: a municipal equipment maintenance and storage building , sometimes called a "City Service Center" , 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 S & S CONTRACTING CO. , Houston, Texas (the "Contractor") in the amount of $151, 518. 96 (the original amount of $149 ,200 . 00 having been increased to $151, 518 . 96 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. 3 , attached hereto as Exhibit "B" 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 "B" and as hereinafter set out: AMOUNT TO BE AMOUNT TO BE CLAIMANT PAID NOW CARRIED FORWARD S & S Contracting Co. $20 ,000 . 00 $2 , 110 . 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 . Change Order No. 1 relating to the contract of the City with S & S Contracting Co. , and mentioned in the -2- — -• --. preamble of this resolution as Exhibit "A" hereof , is hereby approved, adopted and ratified. 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 $20, 000 . 00 and to the Contractor the sum of $2 , 110 . 00 . Section 5 . There shall be executed and delivered to said bank Certificates Nos . 16 through 19 , aggregating $20 , 000 . 00 , of the CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1978-A, dated June 1, 1978 , and the sum of $2 ,110 . 00 shall be carried forward to the next delivery of such Certificates to the Contractor. Section 6 . 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 13th day of November, 1978 . /s/ Tom Reid ATTEST: Mayor CITY OF PEARLAND, TEXAS /s/ Dorothy L. Cook City Secretary CITY OF PEARLAND, TEXAS (SEAL) -3- EXHIBIT "A" "d .01 ``r` ARCHITECT El ORDEZ CONTRACTOR FIELD AIA DOCUMENT G701 OTHER PROJECT: City of Pearland CHANGE ORDER NUMBER: one (name, address) City Service Center Addition Pearland, Texas TO (Contractor) E 7 ARCHITECT'S PROJECT NO: S & S Contracting Company CONTRACT FOR: Construction of various 2315 Southwest Freeway Metal Buildings Suite 102 LHouston, Texas 77098 I CONTRACT DATE: July 10, 1978 You are directed to make the following changes in this Contract: 1. ) Furnish and Install Metal Siding on the north and east walls of the open bay area end of the 140' X 40' garage building. (Approx. 80' X 16' ) LUMP SUM: $1,800.00 2. ) Reimbursement for Crawler—Dozer Rent for City furnished Site Preparation LUMP SUM: $ 518.96 Total Additions $2,318.96 The original Contract Sum was $ 149,200.00 Net change by previous Change Orders $ —0— The Contract Sum prior to this Change Order was $ 149,200.00 The Contract Sum will be (increased) (decreased) (unchanged) by this Change Order . . $ 2,318.96 The new Contract Sum including this Change Order will be $ 151,518.96 The Contract Time will be (increased) (decreased) (unchanged) by ( ) Days. The Date of Completion as of the date of this Change Order therefore is S Cnntk cting Co_ City of Pearl and, Texas ARCHITECT CONTRACTOR OWNER _ 2315 Southw -a • Frwy. Suite 102__P-0. Bax__11 1 Address Address Address Houston, Texasl 77098 Pearland, Texas �/ BY BY Lit, 1 ii!��C�'� �/ll// DATE DATE //h Ir DATE / .. /(J AIA DOCUMENT G701 • CHANGE ORDER • APRIL 1970 EDITION • AIAO • © 1970 • THE ONE PAGE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW,WASHINGTON, D.C. 20006 plem EXHIBIT "B" Claim No. 3 Dated: November 13 , 1978 of S & S Contracting Co. (the "Contractor") , against the City of Pearland, Texas (the "City") , as per contract in the amount of $151, 518 . 96 , between the City and the Contractor: 1. Total completed to date $107 , 900 . 00 2. Less 10% retainage $ 10 , 790 .00 3 . Less previous payments $ 75, 000 . 00 4 . Current payment due $ 22 , 110 . 00 5. Amount to be paid Contractor by issuance of Certificates of Obligation $ 20 , 000 . 00 6. Carry-over to next claim $ 2 ,110 .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 820, 000 . 00 of such claim has been and is hereby assigned in full, without discount, to Pearland State Bank, Pearland, Texas . S & S CONTRACTING CO. 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. CITY OF PEARLAND, TEXAS By General Building Inspector i 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 / :, day of November, 1978 , we delivered to Pearland State Bank, Pearland, Texas , the following : CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1978-A, dated June 1, 1978 , numbered consecutively from 16 through 19 , both inclusive, in the denomination of $5, 000 each, aggregating $20 ,000 , bearing interest at the rate of 5 . 00% per annum to June 1, 1979 , and on June 1 , 1979 and thereafter at the rate of 6 . 00% per annum, and maturing serially in their numerical order on February 1 as follows : $20 , 000 1984 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 Cit as of the date shown above. City Trea urer airt/ llint-12,4„-P1A--- Mayor _A, (CITY SEAL) City 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 P-. ,N and, Te as Qk).1EX /L (Signature of Officer) (BANK SEAL) 44\ttik. (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 $20 , 000, said claim having been assigned to us , without discount, by S & S Contracting Co. PEA ND STATE BANK P r d, Te as By . % Signature�� of Officer) (BANK SEAL) � 1I�I�\� i.K. (Title of Officer) 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-A, 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 /5 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 7 o ' clock ,4 .m. on the /s day of ���„ 1978 , in a place readily accessible to t general public at all times , to-wit: n , in the City Hall of the City. WITNESS MY H ND AND THE OFFICIAL SEAL OF THE CITY, this day of ---1 , 1978. City Secreta CITY OF PEAR AND, TEXAS (SEAL) b 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, 19 ___A. -- .--Y. , e'--0-1-- / ' )02/2 City S e dry 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 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: a municipal equipment maintenance and storage building, sometimes called a "City Service Center" , 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 S & S CONTRACTING CO. , Houston, Texas (the "Contractor") in the amount of $151, 518 .96, 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 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 3. There is now due and owing to said bank the sum of $15, 000. 00 and to the Contractor the sum of $1, 060. 00 . Section 4. There shall be executed and delivered to said bank Certificates Nos. 20 through 22 , aggregating $15, 000 . 00, of the CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1978-A, dated June 1, 1978 , and the sum of $1, 060 .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 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 the 1' ,7 day of December, 1978 , we delivered to Pearland State Bank, Pearland, Texas, the following : CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1978-A, dated June 1, 1978, numbered consecutively from 20 through 22, both inclusive, in the denomination of $5, 000 each, aggregating $15, 000, bearing interest at the rate of 5. 00% per annum to June 1, 1979 , and on June 1 , 1979 and thereafter at the rate of 6. 00% per annum, and maturing serially in their numerical order on February 1 as follows: $ 5, 000 1984 10,000 1985 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. 0L27- _52/ 12,,ex-yt_ . <ar)-7--e_._ —/al City Treajurer Mayor (CITY SEAL) 1,; :-< c ' ef' r.,i-d-li _ 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. EA ND STATE BANK Pea and, T xas r (Signature of Officer) (BANK SEAL) (..!_illtah (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 S & S Contracting Co. P ND STATE BANK P arl d, Texfs / B 1. .c`1J7 l• Signature of Officer) (BANK SEAL) (Title of Officer) 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 ,6-,,co o 'clock -72.m. on the f day of , 1979 , in a place readily accessible to the general public at all times, to-wit: N,,c1__1,Z, 7...) , in the City Hall of the City. WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY, this f day of , 1979 . amity Secretar CITY OF PEA ND, TEXAS (SEAL) f 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 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 12th day of February, 9 . City Se to 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 12th day of February, 1979 , 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 quo um. 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: a municipal equipment maintenance and storage building, sometimes called a "City Service Center" , 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 S & S CONTRACTING CO. , Houston, Texas (the "Contractor") in the amount of $153 , 818. 96 (the original amount of $149, 200 . 00 having been previously increased by Change Order No. 1 and having now been increased by Change Order No. 2 , 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. 5, attached hereto as Exhibit "B" and made a part hereof as if fully written herein, has submitted said claim pursuant to said contract; and J 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 S & S Contracting Co. $10 ,000 .00 $77 .06 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. 2 relating to the contract of the City with S & S Contracting Co. , and mentioned in the preamble of this resolution as Exhibit "A" hereof, is hereby approved, adopted 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 $10, 000. 00 and to the Contractor the sum of $77 .06 . Section 5 . There shall be executed and delivered to said bank Certificates Nos . 23 through 24 , aggregating $10 ,000 . 00 , of the CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1978-A, dated June 1, 1978 , and the sum of $77. 06 shall be carried forward to the next delivery of such Certificates to the Contractor. Section 6 . 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 12th day of February, 1979 . /s/ Tom Reid ATTEST: Mayor CITY OF PEARLAND, TEXAS /s/ Dorothy L. Cook City Secretary CITY OF PEARLAND, TEXAS (SEAL) -3- • EXHIBIT "A" CHANGE AWNER RCHITECT El ORDER CONTRACTOR (A FIELD ❑ A/A DOCUMENT G701 OTHER PROJECT: City of Pearland CHANGE ORDER NUMBER: Two (name, address) City Service Center Addition Pearland, Texas TO (Contractor) E —1 ARCHITECT'S PROJECT NO: S & S Contracting Company CONTRACT FOR: Construction of Various 2315 Southwest Frwy. Suite 102 Metal Builders Houston, Texas 77098 1 CONTRACT DATE: July 10, 1978 I You are directed to make the following changes in this Contract: 1. Delete requirements for 3 ton window unit Air Conditioning and add. 5-ton Central Air Conditioning System with 19.6 KW Heat Strips, including elec- trical hook ups. 2. Insulate ceiling & exterior walls of finished garage area with 3 1/2 " batts, delete insulation in wall between garage & locker rooms & restrooms. 3. Add electrical hook up for hot water heater. 4. Relocate 2-110v duplex outlets from storage buildings to garage building. The original Contract Sum was $ 149,200.00 • Net change by previous Change Orders $ 2,318.96 The Contract Sum prior to this Change Order was $ 151,518.96 The Contract Sum will be (increased) (H,•,-re,cori) (<<nrh)ngud) by this Change Order. . $ 2,300.00 The new Contract Sum including this Change Order will he $ 153,818.96 • The Contract Time will he (increased) (decreased) (unchanged) by ( ) Days. The Date of Completion as of the date of this Change Order therefore is S_& S ntrar•t i ng C:nmpany C i ttiy of Pearl and, TPx_ ARCHITECT CONTRACTOR OWNER 2315 Southwest Frwy. __P.O. Box 1157 Address Address Address Houston, Texas ,Peland, ,Texas BY BY BY { DATE DATE /2/2 9/7- DATE L ALA DOCUMENT G701 • CHANGE ORDER • APRIL 1970 EDITION • AIA® • Co 1970 • THE ONE PAGE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW,WASHINGTON, D.C.20006 EXHIBIT "B" Claim No. 5 Dated: February 12 , 1979 of S & S Contracting Co. (the "Contractor") , against the City of Pearland, Texas (the "City") , as per contract in the amount of $153, 818 .96 , between the City and the Contractor: 1. Total completed to date $133 , 418 .96 2 . Less 10% retainage $ 13, 341 . 90 3 . Less previous payments $110 ,000 .00 4 . Current payment due $ 10 ,077 . 06 5. Amount to be paid Contractor by issuance of Certificates of Obligation $ 10 ,000 .00 6. Carry-over to next claim $ 77 . 06 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 $10, 000 . 00 of such claim has been and is hereby assigned in full, without discount, to Pearland State Bank, Pearland, Texas . S & S CONTRACTING CO. 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. CITY OF PEARLAND, TEXAS By General Building Inspector 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 February, 1979 , we delivered to Pearland State Bank, Pearland, Texas , the following : CITY OF PEARLAND, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1978-A, dated June 1, 1978, numbered consecutively from 23 through 24, both inclusive, in the denomination of $5, 000 each, aggregating $10 ,000 , bearing interest at the rate of 5. 00% per annum to June 1, 1979 , and on June 1, 1979 and thereafter at the rate of 6 .00% per annum, and maturing serially in their numerical order on February 1 as follows : $10 ,000 1985 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 Ci as of the date shown above. -aA7_44 A City Treaurer Mayor (CITY SEAL) r Zei-1 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 AND STATE BANK P arl nd, Texa S ' gnature of Officer) (BANK SEAL) ( itle 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 $10 , 000 , said claim having been assigned to us , without discount, by S & S Contracting Co. AR D STATE BANK ear d, Ttxasid Si natu o re f Officer) • (BANK SEAL) (Title of Officer) ) •4 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 14th day of May, 1979 , at 7 : 30 p.m. in the: City Hall Pearland, Texas for the purpose of adopting a resolution approving change order and claim and authorizing issuance of Certificates of Obligation, Series 1978-A, 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 May, 1979 . /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 1164:If the Notice of Meeting w ich was posted by me at o 'clock ,} .m. on the /r-A day of , 1979 , in a place readily acces ibl,e to ,th gener 1 pub is at all times , to-wit: , in the City Hall of the City. WITNESS Y HAND AND THE OFFICIAL SEAL OF THE CITY, this /./ day of , 1979 . City Secretar CITY OF PEA ND, TEXAS (SEAL) J 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 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 14th day of May, 1979 . g_c," City ecretary Mayor (SEAL) mmm 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 May, 1979, 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: a municipal equipment maintenance and storage building, sometimes called a "City Service Center", 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 S & S CONTRACTING CO. , Houston, Texas (the "Contractor") in the amount of $157,018 .96 (the original amount of $149 ,200 .00 having been previously increased by Change Orders Nos . 1 and 2 and having now been increased by Change Order No. 3, 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. 6 , attached hereto as Exhibit "B" 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 "B" and as hereinafter set out: AMOUNT TO BE PAID BY ISSUANCE AMOUNT TO BE OF CERTIFICATES PAID IN CASH CLAIMANT OF OBLIGATION BY CITY S & S Contracting Co. $35,000 .00 $2 ,018 .96 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. 3 relating to the contract of the City with S & S Contracting Co. , and mentioned in the preamble of this resolution as Exhibit "A" hereof, is hereby approved, adopted 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 $35, 000. 00 and to the Contractor the sum of $2 , 018 .96 . Section 5. There shall be executed and delivered to said bank Certificates Nos . 25 through 31, aggregating $35, 000 .00 , of the CITY OF PEARLAND, TEXAS , CERTIFICATES OF OBLIGATION, SERIES 1978-A, dated June 1, 1978, and the sum of $2 , 018 .96 shall be paid in cash by City out of available funds to the Contractor. Section 6 . 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 May, 1979 . /s/ Tom Reid ATTEST: Mayor CITY OF PEARLAND, TEXAS /s/ Dorothy L. Cook City Secretary CITY OF PEARLAND, TEXAS (SEAL) -3- EXHIBIT "A" CHANCE OWNER,ARCHITECT ❑ CONTRACTOR FIELD ❑ AIA DOCUMENT G701 OTHER PROJECT: City of Pearland CHANGE ORDER NUMBER: Three (name, address) City Service Center Addition Pearland, Texas TO (Contractor) ARCHITECT'S PROJECT NO: S S Contracting Co. CONTRACT FOR: Construction at various 2315 Southwest Freeway, #102 metal buildings Houston, Texas 7709d CONTRACT DATE: July 10, 1978 You are directed to make the following changes in this Contract: Construct 126' X 20' concrete parking slab on east side of garage building consisting of )+" thick concrete with 6" X 6" — 6/6 ga. WIN. • The original Contract Sum was $ 149,200.00 • Net change by previous Change Orders $ 4,618.96 The Contract Sum prior to this Change Order wu $ 153,818.96 • The Contract Sum will be (increased) (decreased) (unchanged) by this Change Order. . $ 3,200.00 • The new Contract Sum including this Change Order will be $ 157,018.96 • The Contract Time will be (increased) C(t4W:0;(ie:4X: ));(r}e0;(1Xby ( ) Days. • The Date of Completion as of the date of this Change Order therefore is & S Contracting Co. C`Lty - Pearl nd Texas ARCH iiTECT CON TRACTOR WNER 2315 Southwest Frwy. . //102 Q :. Address Address Address Houston, Texas 77098 P- rland BY I3Y_ —_ BY DATE DATE //G��9 DATE 3 • AIA DOCUMENT 6701 • CHANGE ORDER • APRIL 1970 EDITION • MAO • ® 1970 • THE ONE PAGE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE., NW,WASHINGTON, D.C. 20006 EXHIBIT "B" Claim No. 6 Dated: May 14 , 1979 of S & S Contracting Co. (the "Contractor") , against the City of Pearland, Texas (the "City") , as per contract in the amount of $157 ,018 .96 , between the City and the Contractor: 1. Total completed to date $.157 ,018 .96 2. Less retainage $ -0- 3. Less previous payments $120 ,000 .00 4. Current payment due $ 37,018 .96 5 . Amount to be paid Contractor by issuance of Certificates of Obligation $ 35 ,000 .00 6 . Amount to be paid by City $ 2, 018 .96 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 . S & S CONTRACTING CO. 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. CITY OF PEARLAND, TEXAS By General Building Inspector DELIVERY CERTIFICATE THE STATE OF TEXAS X COUNTIES OF BRAZORIA AND HARRIS X We, the undersigned, officers of th City Council of the City of Pearland, Texas, certify that on the /74 day of May, 1979 , we de- livered to Pearland State Bank, Pearland, Texas , the following : CITY OF PEARLAND, TEXAS , CERTIFICATES OF OBLIGATION, SERIES 1978-A, dated June 1, 1978, numbered consecutively from 25 through 31, both inclusive, in the denomination of $5, 000 each, aggregating $35 ,000 , bearing interest at the rate of 5. 00% per annum to June 1, 1979 , and on June 1, 1979 and thereafter at the rate of 6 .00% per annum, and maturing serially in their numerical order on February 1 as follows : $ 5, 000 1985 • 25, 000 1986 5,000 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 Ci as of the date shown above. City reas er Mayor Ak (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 (Signa ure of Officer) (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 $35 ,000 , said claim having been assigned to us , without discount, by S & S Contracting Co. PEARLAND STATE BANK Pearland, T as By ( ignature of Officer)/ � (BANK SEAL) (Title of Of icer) gi Kii2 O. $5 , 000 ni gl H UNITED STATES OF AMERICA e ni STATE OF TEXAS El Ni COUNTIES OF BRAZORIA AND HARRIS El ni CITY OF PEARLAND, TEXAS Ei El CERTIFICATE OF OBLIGATION NI SERIES 1978-A El gi ni°I ON FEBRUARY 1, 19 , the CITY OF PEARLAND (hereinafter called the FA "City") , in the Counties of Brazoria and Harris , in the State of Texas , ill promises to pay to bearer or, if this Certificate is registered, to the gi gi g egistered owner hereof, the principal amount of El RI FIVE THOUSAND DOLLARS gi gl gi nd to pay interest thereon, FROM THE DATE OF INITIAL DELIVERY SHOWN m MJN THE FACE HEREOF, to bearer or, if this Certificate is registered, ni Nito the registered owner hereof, at the rate of 5 . 00% per annum to El Tune 1, 1979 , and on June 1, 1979 and thereafter at the rate of 6 . 00% Wiper annum, interest payable February 1, 1979 , and semiannually there- gi 12after on each August 1 and February 1 while this Certificate is out- gi gistanding . Both the principal of and interest on this Certificate shall gi Nibe payable, without exchange or collection charges to the owners or El holders, upon presentation and in the case of the principal when due , gi .surrender of this Certificate t the PEARLAND STATE BANK, Pearland, gi girexas, which shall be the p ttgent for this series of Certificates . gl NI ` / l Hi THIS CERTIFICATE is one r�is of negotiable, registrable gi o�� a-s Certificates of Obligation, dated -nt 1978 , numbered from 1 through gi M35, in the denomination of $5 , 000 a / d �jegating $175 , 000 , issued gi Min accordance with the Constitution a ,laws/6,€ the State of Texas , El articularly Article 2368a. 1, Vernon' was CivA,f Statutes , as amended, for the purpose of evidencing the indebt 4nes6 b he City for all or gi Many part of the cost of constructing and e 4a' nT4 lic works for the ni City, to-wit: a municipal equipment maintena� Can rage building, gi nilsometimes called a "City Service Center" , inclu 4 cost of profes- El sional services in connection therewith, and purl to an ordinance El adopted by the City Council of the City on the 12th day of June, 1978 . ni HI IT IS HEREBY certified, recited, and covenanted that this Certifi- ig tiicate has been duly and validly authorized, issued, and delivered; that h Mall acts, conditions , and things required or proper to be performed, hi exist, and be done precedent to or in the issuance and delivery of thisia ia wertificate, have been performed, existed, and been done in accordance m ith law; that annual ad valorem taxes sufficient to provide for the !1-4 payment of the interest 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 til been pledged irrevocably for such payment within the limits prescribed ilia giby law; that this Certificate shall be a debt of the City within the ill meaning of Article XI , Sections 5 and 7 of the Constitution of Texas ; gl giand that, when delivered, this Certificate shall be deemed and conEI - strued (i) to be a "Security" within the meaning of Chapter 8 , Invest- gc Ement Securities , Uniform Commercial Code (Chapter 785 , Acts of theni E160th Legislature , Regular Session, 1967) , and (ii) to be a generalgi Wobligation of the City within the meaning of Chapter 784 , Acts of the El E161st Legislature of Texas , Regular Session, 1969 . ni giTHIS CERTIFICATE shall be transferable by delivery unless regis- Ei El tered as to principal in the owner's name upon books of the City to be Ni gi kept for that purpose at the office of the City Secretary of the City, gi the registrar, such registration to be noted hereon. After such regis- gi gi El tration, no transfer of this Certificate shall be valid unless made on ni Elsaid books at the request of the registered owner hereof, or his duly gi gi authorized agent, and similarly noted hereon; but this Certificate may gi Elbe discharged from registration by being in like manner transferred to El bearer, whereupon transferability by delivery shall be restored; and Ri El this Certificate may again and from time to time be registered or made RI Ei payable to bearer as before. El El gi NI inniinaiiniMinaiiniiaininagegatiniinaiiniKiiIinaiinniinaiinaiSiini 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: 1 iayax, Pearland, Texas City Secretary City of Pearland, e s (SEAL) EMEEMEMESNIZEINESEEMEMEEMEMESEEMEMEMSEEMEMEMNINEMINEM Ri RI Ni Ri IT IS HEREBY CERTIFIED that, at the request of the holder of the M. within Certificate, I have this day registered it as to principal in the name of such holder as indicated in the registration blank below, 11 on the books kept by me for such purpose. The principal of and in- Ri terest on this Certificate shall be payable only to the registered holder named in the below registration blanks . If the last transfer 0 recorded on the books of the Registrar and in the below registration VI blank shall be to bearer, the principal and interest of this Certifi- cate shall be payable to bearer , and such Certificate shall be in all gi respects negotiable. Ri RiRSZEMEMEMINIEEMEMZEMEMOVESSESEEMBNEVEMEMEMEEMBE Signature of Name of Date of City Secretary Registered Holder Registration (Registrar)