Loading...
R2001-0123 09-10-01 RESOLUTION NO. 2001-123 RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION IN A PRINCIPAL AMOUNT NOT TO EXCEED $11,650,000 FOR THE ACQUISITION, CONSTRUCTION AND IMPROVEMENT OF CERTAIN PUBLIC WORKS, AUTHORIZING DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT RELATING TO SUCH CERTIFICATES AND AUTHORIZING CERTAIN OTHER MATTERS RELATING THERETO STATE OF TEXAS § COUNTIES OF BRAZORIA AND HARRIS § CITY OF PEARLAND § WHEREAS, the City Council (the "City Council") of the City of Pearland, Texas (the "City"), is authorized to issue certificates of obligation to pay contractual obligations to be incurred for the construction of public works, for the purchase of materials, supplies, equipment, machinery, vehicles, buildings, land and rights-of-way for authorized needs and purposes, and for professional services rendered in connection therewith pursuant to Texas Local Government Code sections 271.041-.064, as amended (the "Act"); WHEREAS, the City Council has determined that it is in the best interests of the City and otherwise desirable to issue certificates of obligation in a principal amount not to exceed $11,650,000 styled "City of Pearland, Texas Combination Tax and Revenue Certificates of Obligation, Series 2001" (the "Certificates") for the acquisition, construction and improvement of certain public works to be used for authorized needs and purposes; WHEREAS, in connection with the Certificates, the City Council intends to publish notice of intent to issue the Certificates (the "Notice") in a newspaper of general circulation in the City, in accordance with the Act; WHEREAS, for purposes of providing for the sale of the Certificates, this City Council intends to authorize the preparation of a Preliminary Official Statement (the "Preliminary Official Statement") to be used by the underwriters in the public offering of the Certificates; and WHEREAS, this City Council has been presented with and has examined the proposed form of Notice and finds that the form and substance thereof are satisfactory, and that the recitals and findings contained therein are true, correct and complete. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1; Preamble. The facts and recitations contained in the preamble of this Resolution are hereby found and declared to be true and correct. HOU:671196.4 Section 2. Authorization of Notice. The City Secretary is hereby authorized and directed to execute and deliver the Notice set forth in Exhibit A hereto and to publish such Notice on behalf of the City once a week for two (2) consecutive weeks in a newspaper which is of general circulation in the City, the date of the first publication to be at least fifteen (15) days before the date tentatively set in the Notice for the passage of the ordinance authorizing the issuance of the Certificates. Section 3. Engagement of Professionals. This City Council hereby approves the engagement of Andrews & Kurth L.L.P., as bond counsel ("Bond Counsel") in connection with the issuance of the Certificates. Section 4. Authorization of a Preliminary_ Official Statement. This City Council hereby approves the preparation and distribution by the Financial Advisor to prospective purchasers of the Certificates of the Preliminary Official Statement, as the same may be completed, modified, or supplemented with the approval of the Mayor or other authorized officers and agents of the City. Section 5. Authorization of Other Matters Relating Thereto. The Mayor, City Secretary and other officers and agents of the City are hereby authorized and directed to do any and all things necessary or desirable to carry out the provisions of this Resolution. Section 6. Effective Date. This Resolution shall take effect immediately upon passage. Section 7. Public Meeting. It is officially found, determined and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place and subject matter of the public business to be considered at such meeting, including this Resolution, was given all as required by the Texas Government Code, Chapter 551, as amended. HOU:671196.4 PASSED AND APPROVED this 10 day of September, 2001f~ Mayor City of Pearland, Texas ATTEST: Seore/ '"'l- II of Pe~ffland, Texfisr HOU:671196.4 EXHIBIT A TO RESOLUTION NOTICE OF INTENTION TO ISSUE CERTIFICATES NOTICE IS HEREBY GIVEN that the City Council of the City of Pearland, Texas (the "City") will meet at its regular meeting place at City Hall, Pearland, Texas at 7:30 p.m. on the 8th day of October, 2001, which is the time and place tentatively set for the passage of an ordinance and such other action as may be deemed necessary to authorize the issuance of the City's certificates of obligation, payable from ad valorem taxation and a limited subordinate pledge of certain revenues (not to exceed $10,000) of the City's water and sewer system, in the maximum aggregate principal amount of $11,650,000, bearing interest at any rate or rates, not to exceed the maximum interest rate now or hereafter authorized by law, as shall be determined within the discretion of the City Council at the time of issuance and maturing over a period of years not to exceed forty (40) years from the date thereof, for the purpose of evidencing the indebtedness of the City to be incurred (1) for replacement, renovations, improvements, materials, supplies and equipment for certain City buildings and facilities including but not limited to the City's Cullen S~ervice Center located at 2617-A Cullen, Pearland, Texas, the City's Southwest Environmental Center located at 3423 Harkey Road, Pearland, Texas and the City's former library located at 3522 Liberty Drive, Pearland, Texas, (2) for certain street projects located in the City including but not limited to: the acquisition of right-of-way and construction of Pearland Parkway (including drainage and bridge work) from Broadway (FM 518) to Beltway 8; general improvements and renovations to Dixie Farm Road, Mykawa Road, McHard Road and the Magnolia Overpass; acquisition of right-of-way and construction of pedestrian hike & bikeways (including drainage) at various locations in the City, (3) for the acquisition, construction, improvement, repair, materials, supplies, equipment and machinery for certain drainage facilities located in the City including but not limited to: flood control improvements for Town Ditch; storm water detention at the David L. Smith Project on Clear Creek, at the Southwest Environmental Center on Mary's Creek and at a future site on Hickory Slough; (4) for the purchase of certain vehicles for the City including but not limited to police patrol cars, and (5) for professional services rendered in connection with the above listed projects. WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY, this l0th day of September, 2001.  Secretaj~/d.~// ~/ ~t of Peat~fnd, Texas (S~AL) CERTIFICATE FOR RESOLUTION STATE OF TEXAS COUNTIES OF BRAZORIA AND HARRIS CITY OF PEARLAND We, the undersigned officers of the City of Pearland, Texas (the "City"), hereby certify as follows: 1. The City Council of the City convened in a regular meeting on the /D day of September, 2001, at the regular meeting place thereof, within the City, and the roll was called of the duly constituted officers and members of the City Council and the City Secretary, to wit: Tom Reid Richard Tetens Woody Owens Larry Wilkins Larry Marcott Klaus Seeger Young Lorfing Mayor Council Member Council Member Council Member Council Member Mayor Pro Tem City Secretary and all of such persons were present except , thus constituting a quorum. Whereupon, among other business, the following was transacted at such meeting: a written RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION IN A PRINCIPAL AMOUNT NOT TO EXCEED $11,650,000 FOR THE ACQUISITION, CONSTRUCTION AND IMPROVEMENT OF CERTAIN PUBLIC WORKS, AUTHORIZING DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT RELATING TO SUCH CERTIFICATES AND AUTHORIZING CERTAIN OTHER MATTERS RELATING THERETO (the "Resolution") was duly introduced for the consideration of the City Council and read in full. It was then duly moved and seconded that such Resolution be adopted; and, after due discussion, the motion, carrying with it the adoption of the Resolution, prevailed and carried by the following vote: AYES _ NOES 2. That a true, full and correct copy of the aforesaid Resolution adopted at the meeting described in the above and foregoing paragraph is attached to and follows this certificate that the Resolution has been duly recorded in the City Council's minutes of the meeting that the above and foregoing paragraph is a true, full and correct excerpt from the City Council s minutes of the meeting pertaining to the adoption of the Resolution; that the persons HOU:671148.1 named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of the City Council as indicated therein; that each of the officers and members of the City Council was duly and sufficiently notified officially and personally, in advance, of the date, hour, place and purpose of the aforesaid meeting, and that the Resolution would be introduced and considered for adoption at the meeting, and each of the officers and members consented, in advance, to the holding of such meeting for such purpose; that the meeting was open to the public as required by law; and that public notice of the date, hour, place and subject of the meeting was given as required by the Open Meetings Law, Chapter 551, Texas Government Code, as amended. SIGNED AND SEALED this /0 day of September, 2001. (SEAL) • Mayor City of Pearland, Texas HOU:671148.1 2