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June 22, 2020 REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND
4:30 p.m. June 22, 2020
1. MEETING
The meeting was called to order at 4:30 p.m. by Mayor Albanese at the Nederland City
Office Building, 207 N. 12th Street, Nederland, Texas. See attached for quorum.
This meeting was closed to in-person attendance by the public. A temporary
suspension of the Open Meetings Act to allow telephone or videoconference public
meetings has been granted by Governor Abbott. Telephonic and videoconferencing
capabilities were utilized to allow individuals to address the City Council.
The following statement was posted:
"PURSUANT TO SECTION 30.07, PENAL CODE (TRESPASS BY LICENSE HOLDER
WITH AN OPENLY CARRIED HANDGUN), A PERSON LICENSED UNDER
SUBCHAPTER H, CHAPTER 411, GOVERNMENT CODE (HANDGUN LICENSING
LAW), MAY NOT ENTER THIS PROPERTY WITH A HANDGUN THAT IS CARRIED
OPENLY."
2. INVOCATION AND PLEDGE OF ALLEGIANCE
The invocation and pledge of allegiance were led by Emmett Hollier, Mayor Pro Tern.
3. CONSENT AGENDA - All consent agenda items listed are considered to be routine by
the City Council and will be enacted by one motion. There will be no separate
discussion of these items unless a councilmember so requests, in which event the item
will be removed from the Consent Agenda and considered separately.
A motion was made by Councilmember Neal and seconded by Mayor Pro Tern Hollier
to approve the Consent Agenda Items a-d as presented. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
a. Minutes - June 8, 2020 regular meeting
b. May 2020 Departmental Reports
c. Tax Assessor Collection Report - May 2020
d. Consider action approving Resolution No. 2020-08, ratifying the action of the
Nederland Economic Development Corporation Board of Directors related to the
incentive offered to Lonestar Good Spirit Investments (Neighborhood Veterinary
Clinic.)
Minutes Continued, June 22, 2020
4. REGULAR AGENDA
a. Appointments:
i. A motion was made by Councilmember Austin and seconded by Councilmember
Root to re-appoint Chad Womack, Alex Rupp, Buzzy Mitchell, Scott Watjus, and
Mark Byars to the Planning & Zoning Commission for terms ending June 30, 2022.
MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
ii. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern
Hollier to re-appoint David Knight, Mitch Macon, and Mike Spell to the Construction
Appeals Board for terms ending June 30, 2022. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
iii. A motion was made by Mayor Pro Tern Hollier and seconded by Councilmember
Austin to re-appoint Jerry Smith, Mike Louviere, and Michael Whitehead to the
Zoning Board of Appeals and Board of Appeals for terms ending June 30, 2024.
MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
iv. A motion was made by Councilmember Hollier and seconded by Councilmember
Root to re-appoint Darrell Bush to the Firefighters' Civil Service Commission for
term ending June 30, 2023. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
b. A motion was made by Mayor Pro Tern Hollier and seconded by Councilmember
Root to reject received bids and rebid the Homer E. Nagel Public Safety Complex
Parking Lot Improvement project. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
c. A motion was made by Councilmember Root and seconded by Councilmember
Austin to approve Ordinance No. 2020-13, authorizing the vacating and
abandonment of Franklin Avenue right-of-way (0.41 acres). MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
d. A motion was made by Councilmember Neal and seconded by Mayor Pro Tern
Hollier to approve Ordinance No. 2020-14, authorizing the acquisition of right-of-
way from the Nederland Independent School District to be added to the existing
Detroit Avenue right-of-way (0.5344). MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
e. A motion was made by Councilmember Austin and seconded by Councilmember
Neal to approve Resolution No. 2020-10, ratifying a Declaration of Local State of
Disaster in response to concerns related to the Coronavirus disease 2019 (COVID-
19) and consenting to continuation of the disaster declaration for a period of more
than seven days. MOTION CARRIED.
Minutes Continued, Rune 22, 2020
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
f. A motion was made by Councilmember Root and seconded by Mayor Pro Tern
Hollier to approve Ordinance No. 2020-15, amending the fiscal year 2019-2020
budget. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
g. A motion was made by Councilmember Austin and seconded by Councilmember
Neal to postpone a street closure of Boston Avenue between 15th and 17th Street
on Sunday, June 28th for a Tailgate Party event. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
h. Chris Duque, City Manager, reported the number of COVID-19 positive cases in
Nederland has increased. He said it would not be prudent to re-open city offices
at this time and that staff would re-access and make a report at the July 13th City
Council meeting.
Councilmember Neal voiced his concerns about City Hall being closed and felt it
should be open to the public. He said he has received a number of complaints.
Mayor Albanese agreed he would like to see City Hall open but only when it is safe
to do so.
i. A motion was made by Councilmember Neal and seconded by Councilmember Root
to approve Ordinance No. 2020-16, authorizing the City of Nederland, Texas, Tax
Notes, Series 2020. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
5. EXECUTIVE SESSION
The regular meeting was recessed at 5:16 p.m. by Mayor Albanese for the purpose of
conducting an Executive Session as authorized by Texas Government Code, Chapter
551.071 - Consultation with City Attorney; and Chapter 551.074, Discuss Personnel
Appointments: City Clerk, Director of Finance, Police Chief, and City Attorney .
6. RECONVENE
The regular meeting was reconvened at 5:39 p.m. by Mayor Albanese.
7. APPOINTMENTS
A motion was made by Councilmember Austin and seconded by Mayor Pro Tem Hollier
to authorize the following appointments: Gay Ferguson, City Clerk; Cheryl Dowden,
Director of Finance; Gary Porter, Police Chief; and Jesse Branick, City Attorney.
MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Minutes Continued, June 22, 2020
Noes: None.
A motion was made by Councilmember Root and seconded by Councilmember Neal to
set salary for Mr. Branick at $4,641.00 a month and salary for Judge Dowden at
$2,005.83 a month beginning July 1, 2020. MOTION CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
8. COMMUNICATION
City Manger's Report - Robert Woods made a brief report on the construction projects.
• The sewerline project will be complete mid-July with closeout expected the
end of July.
• The asphalt overlay street project is due for completion around the 1st of
July with closout being the end of July.
• The contractor for the concrete street project is continuing work on Helena
Avenue. Once the intersection at 27th Street has been completed they will
move toward Twin City Highway and Helena Avenue.
Mr. Duque said he received a letter from Jefferson County Drainage District No. 7
regarding access to city property. He said this would require an Interlocal Agreement
which will be on the next City Council agenda.
9. ADJOURN
There being no further business a motion was made by Mayor Albanese and
seconded by Councilmember Root to adjourn the meeting at 5:49 p.m. MOTION
CARRIED.
Ayes: Mayor Albanese, Councilmembers Austin, Neal, Hollier, and Root.
Noes: None.
ei pae€6-tack-,
•�44�1���� = on Albanese, Mayor
" il� = City of Nederland, Texas
IPIn
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City of Nederland, Texas
CITY OF NEDERLAND
COUNCIL MEETING ATTENDANCE SHEET
NAME TITLE PRESET ABSENT
Don Albanese Mayor i/
Talmadge Austin Council Member-Ward I
Billy Neal Council Member-Ward II
Emmett Hollier Council Member-Ward III V
Sylvia Root Council Member-Ward IV
Chris Duque City Manager V
Gay Ferguson City Clerk v
Jesse Branick City Attorney V
Cheryl Dowden Director of Finance V
Gary Porter Police Chief `7
Terry Morton Fire Chief
Robert Woods Director of Public Works V
George Wheeler Building Official V
Victoria Klehn Librarian \7
HollyGuidryHuman Resources Director
Joni Underwood Executive Secretary V/
Angela Fanette Parks Director V-
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bon Albanese, ayor
c ay Fergus:n, City Clerk 4
June 22, 2020
Date
-4SON c0
ALLISON NATHAN GETZ TERRY WUENSCHEL
•
� , 1, �
TAX ASSESSOR-COLLECTOR * �� ,} CHIEF DEPUTY
*TEX /4 •
STATE OF TEXAS
COUNTY OF JEFFERSON
I, Allison Nathan Getz, P.C.C., the Tax Assessor-Collector of Jefferson County, Texas and
also,by contract or statute, the Tax Assessor-Collector for CITY OF NEDERLAND, affirm, under
oath, that this amount $88,066.93, represents all taxes collected for CITY OF NEDERLAND
during the month of May 2020.
d -V j
Allison Nathan Getz,P.C.C.
JEFFERSON COUNTY COURTHOUSE•P.O. BOX 2112 • BEAUMONT,TEXAS 77704-2112
PHONE: (409)835-8516 • FAX: (409)835-8589
ORDINANCE NO. 2020-13
AN ORDINANCE BY THE CITY COUNCIL OF THE
CITY OF NEDERLAND, TEXAS ABANDONING
0.41 ACRES OF CITY RIGHT-OF-WAY,
CONSISTING OF A 60' ROW COMMONLY
KNOWN AS FRANKLIN AVENUE BETWEEN 12T"
STREET AND 13T" STREET; FINDING THAT THE
MEETING COMPLIES WITH THE OPEN
MEETINGS ACT; MAKING OTHER FINDINGS
WHEREAS,the Nederland Independent School District("NISD")is requesting that
the City of Nederland ("CITY") abandon approximately 0.41 acres of City right-of-way,
consisting of a 60' ROW commonly known as Franklin Avenue between 12th Street and
13th Street;and
WHEREAS, the metes and bounds included as "Exhibit A" represents the
requested ROW abandonment;and
WHEREAS,for the safety of the Langham Elementary students, Franklin Avenue
between 12th and 13t1'Streets remains closed during the school years on days when the
school is open;and
WHEREAS,the City of Nederland and the Nederland Independent School District
have negotiated trading ROW;and
WHEREAS,the City Council of the City of Nederland deems it in the public interest
to abandon this property to the NISD,subject to the conditions listed below.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND,TEXAS,THAT:
Section 1. That the statement and findings set out in the preamble to this
Ordinance are hereby in all things approved and adopted.
Section 2. Subject to the conditions set forth in Section 3 below,the City of
Nederland hereby abandons to NISD approximately 0.41 acres of
City right-of-way, consisting of 60' ROW commonly known as
Franklin Avenue between 12th Street and 13th Street (see Exhibit
An
Section 3. This abandonment is subject to the following condition:
1. NISD shall approve the City's acquisition of 0.5344 acres of
right-of-way along Detroit Avenue as compensation.
Section 4. The City of Nederland retains all mineral rights in the property
abandoned as a result of this Ordinance.
Section 5. NISD shall accept the provisions of this Ordinance by signing as
indicated below within sixty (60) days after this Ordinance is
adopted by the Nederland City Council. In the event said
acceptance is not signed as provided for, this abandonment shall
be of no further effect and shall be considered as having been
entirely cancelled.
Section 6. The City Manager is authorized to execute any necessary
documents related to this abandonment.
Section 7. It is declared to be the intention of the Nederland City Council that
the sections, paragraphs, sentences, clauses, and phrases of this
Ordinance are severable. If any phrase, clause, sentence,
paragraph,or section of this Ordinance should be declared invalid
by a final judgement or decree of any court of competent
jurisdiction, such invalidity shall not affect any of the remaining
phrases, clauses, sentences, paragraphs, and sections of this
Ordinance.
Section 8. All Ordinances or parts thereof in conflict herewith are repealed to
the extent of such conflict only.
Section 9. The meeting at which this ordinance was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act,
Texas Government Code,Chapter 551.
Section 10. This ordinance shall become effective from and after its passage.
PASSED AND APPROVED this 22ND day of JUNE,2020.
a �����
of
Don Albanese,Mayor
rn;Vki » City of Nederland,Texas
,'O;IejIIIIIIAA tettIO ````
l 1'0A-
ay Ferg on,City Clerk
City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
Jess- Brani'. ityAttorney
Cit of -derland,Texas
Fittz & Shipman
INC.
Consulting Engineers and Land Surveyors
Ronald D.Fittz,P.E.,R.P.LS.(1948-1987) Donald R.King,P.E.
Terry G.Shipman,P.E.,Senior Consultant Bernardino D.Tristan,P.E.
Billy.).Smith,Jr.,President Jason R.Davis,P.E.
Daniel A.Dotson,P.E.,Vice President Mitchell L.Brackin,R.P.LS.
Daniel J.Warrick,R.P.LS.
State of Texas §
County of Jefferson §
Field notes describing a 0.41 acre tract, being all of that portion of the Franklin Street Right of Way
(a.k.a. Pearl Street, called 60 feet wide R.O.W.) between the southwest line of 12th Street (a.k.a.
Prinsen Street, called 60 feet wide R.O.W.) and the northeast line of 13th Street (a.k.a. Willems
Street, called 60 feet wide R.O.W.) as shown on the Map of the Holland Addition to Nederland,
recorded in Volume 1, Page 77, Map Records of Jefferson County, Texas, in the Ogister Montee
Survey,Abstract 177 and the Otto Roff Survey,Abstract 194,Jefferson County,Texas.
All bearings, distances and acreages are grid and are referenced to the State Plane Coordinate
System, NAD83, Texas South Central Zone, U.S. Survey feet. Mapping angle for this project is
+02°27'08"and the scale factor is 0.999926053. See accompanying plat.
BEGINNING at an iron rod with cap marked "SOUTEX" found at the east corner of Lot 9, said
Holland Addition to Nederland and at the intersection of the southwest line of said 12th street and the
northwest line of said Franklin Street. Said iron rod has a State Plane coordinate value of
N: 13,937,060.58 and E: 3,552,814.82.
THENCE S 53° 49' 59"E over and across said Franklin Street Right of way a distance of 59.69 feet
to an iron rod with cap marked "SOUTEX" found at the north corner of Lot 14, said Holland
Addition to Nederland, and at the intersection of the southwest line of said 12th street and the
southeast line of said Franklin Street.
THENCE S 36° 42' 58" W with the northwest line of said Lot 14 and the southeast line of said
Franklin Street, passing the south line of said Abstract 177 and a north line of said Abstract 194 and
continuing a total distance of 299.80 feet to an iron rod with cap marked "SOUTEX" found at the
west corner of said Lot 14 and at the intersection of the southeast line of said Franklin Street and the
northeast line of said 13th Street.
THENC N 54°25' 59" W over and across said Franklin Street Right of Way a distance of 59.46 feet
to an iron rod with cap marked "SOUTEX" found at the south corner of said Lot 9, and at the
intersection of the northwest line of said Franklin Street and the northeast line of said 13th Street.
1405 Cornerstone Court•Beaumont,Texas 77706•(409)832-7238•Fax(409)832-7303
Texas Board of Professional Engineers Firm No. 1160•Texas Board of Professional Land Surveyors Firm No. 100186
THENCE N 36° 40' 14" E with the southeast line of said Lot 9 and the northwest line of said
Franklin Street,passing a north line of said Abstract 194 and the south line of said Abstract 177 and
continuing a total distance of 300.42 feet to the POINT OF BEGINNING, containing 0.41 acres of
land.
I, Daniel J. Warrick, do hereby certify that this description reflects an accurate survey made on the
ground and according to law, and that the limits, boundaries, and corners are truly described just as I
have found or set them. Giv- I under my hand and seal this 27th day of January,2020.
216.6‘sTE;; k40.0 C, 1
•
�4luJ1
DANIEL J.WARRICK Daniel J. Warrick
, to 6535o�v: Registered Professional Land Surveyor No. 6535
•
9 ,ess�,.• 0
Av.
a_
1405 Cornerstone Court•Beaumont,Texas 77706•(409)832-7238•Fax(409)832-7303
Texas Board of Professional Engineers Firm No. 1160•Texas Board of Professional Land Surveyors Firm No. 100186
s /1 tr.:,
OGISTER MONTEE SURVEY
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BOUNDARY SURVEY
OF A
0.41 ACRE TRACT
BEING A PORTION OF THE
FRANKLIN STREET
0 20 40 (A.E.A.PEARL STEW)RIGHT OF WAY
ISNd AS SHOWN ON THS YAP OF THE
SCALE HOLLAND ADDITION TO NEDERLAND
LEGEND: RECORDED DI
VOL 1,PG. 77 Y.R.L.C.T.
IRF—IRON ROD FOUND HP TEE
P.O.B.—POINT OF BEGINNING OGISTER MONTEE SURVEY,
NOTE: ABSTRACT 177
Survey performed without the benefit of a Title
Commitment.Additional easements may exist All AND THE
bearings, distances,and acreages are grid and are of OTTO ROFF SURVEY,
referenced to the State Plane Coordinate System, �"�
NADB3,Texas South Central Zone,U.S. Survey feet. '�p�G,STFR et;t k ABSTRACT 194
Mapping angle for this project is+02 27'08" and ,� Q. 4'.
the scale factor is 0.999926053.According to FEMA 'Wad/1 JEFFERSON COUNTY,TEXAS
Map 485492 0005 0 doted 06-03-1991: this ,, "•••••••••••...•...:....I,
property is in flood zone"D'. DANIEL J.VIfARRICK' I,Daniel J.Warrick, do
hereby certify
e ti ortihat this
©COPYRIGHT 2020 FTTTZ&SHIPMAN,INC. """"" psurvey
a 6535•• plat re and according actual
to e, and ehon the
v'••rr limits,boundaries,and comers are truly
``9.9F SS1� OQ`r undedescr my ed hand anst as ldfound or seall this set them.27th day often
Fittz ShipmaNC �% January,2019.
INC. BaJRv .• 1 Gtcn '
ComulsbgEngbrcrr�and Land Srove}�
1405 CORNERSTONE COURT,BEAUMONT,TEXAS
PH(409)832-7238 FAX(409)832-7303 JOBDaniel J.Warrick
NO. 19161
T.B.P.E.FIRM#1160 •T.X.L.S.FIRM#100186 BY: 61 Registered Professional Land Surveyor No.6535
ORDINANCE NO. 2020-14
AN ORDINANCE BY THE CITY COUNCIL OF THE
CITY OF NEDERLAND, TEXAS AUTHORIZING
THE ACQUISITION OF 0.5344 ACRES OF
RIGHT-OF-WAY FROM THE NEDERLAND
INDEPENDENT SCHOOL DISTRICT TO BE
ADDED TO THE EXISTING DETROIT AVENUE;
FINDING THAT THE MEETING COMPLIES
WITH THE OPEN MEETINGS ACT; MAKING
OTHER FINDINGS
WHEREAS,the Nederland Independent School District("NISD")requested that the
City of Nederland ("CITY") abandon approximately 0.41 acres of City right-of-way,
consisting of a 60' ROW commonly known as Franklin Avenue between 12th Street and
13th Street to facilitate the expansion of Langham Elementary;and
WHEREAS,in consideration of the abandonment of the 0.41 acres of City ROW to
NISD, NISD has agreed to abandon 0.5344 of ROW to be added to the City's existing
Detroit Avenue;and
WHEREAS,the metes and bounds included as"Exhibit A"represent the requested
ROW acquisition;and
WHEREAS,the City Council of the City of Nederland deems it in the public interest
to acquire this property from NISD,subject to the conditions listed below.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NEDERLAND,TEXAS,THAT:
Section 1. That the statement and findings set out in the preamble to this
Ordinance are hereby in all things approved and adopted.
Section 2. Subject to the conditions set forth in Section 3 below,the City of
Nederland hereby acquires from NISD approximately 0.5344 acres
of right-of-way to be added to the City's existing Detroit Avenue
(see Exhibit"A").
Section 3. This abandonment is subject to the following condition:
1. NISD shall accept 0.41 acres of right-of-way commonly known
as Franklin Avenue between 12th and 13th Street as
compensation for this acquisition.
Section 4. NISD shall accept the provisions of this Ordinance by signing as
indicated below within sixty (60) days after this Ordinance is
adopted by the Nederland City Council. In the event said
acceptance is not signed as provided for,this acquisition shall be of
no further effect and shall be considered as having been entirely
cancelled.
Section 5. The City Manager is authorized to execute any necessary
documents related to this acquisition.
Section 6. It is declared to be the intention of the Nederland City Council that
the sections, paragraphs, sentences, clauses, and phrases of this
Ordinance are severable. If any phrase, clause, sentence,
paragraph,or section of this Ordinance should be declared invalid
by a final judgement or decree of any court of competent
jurisdiction, such invalidity shall not affect any of the remaining
phrases, clauses, sentences, paragraphs, and sections of this
Ordinance.
Section 7. All Ordinances or parts thereof in conflict herewith are repealed to
the extent of such conflict only.
Section 8. The meeting at which this ordinance was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act,
Texas Government Code,Chapter 551.
Section 9. This ordinance shall become effective from and after its passage.
PASSED AND APPROVED this 22ND day of JUNE,2020.
_IAa6j2,Aktff.--
ti do E0 Vsk�,��2s
_'V:▪ l l� .?) 0 s Don Albanese,Mayor
4▪ 4)`' ice. City of Nederland,Texas
Gv r
s.
bcuua4 � ,
ay Fergus City Clerk
City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
' ,7—'- c-L--. .'—
Jesse :rani• ,City Attorney
City of N:.erland,Texas
TBPE Firm No.F-5755
TBPLS Firm No.10123800
LA EF.0005711
ouTEX3737 Doctors Drive
ri
Port Arthur,Texas 77642
SURVEYORS&ENGINEERS Office(409)983.2004
Fax(409)983.2005
0.5344 ACRE OF LAND
OUT OF BLOCK 16,RANGE "G" AND BLOCK 16,RANGE "H"
PORT ARTHUR LAND COMPANY SUBDIVISION
CITY OF NEDERLAND
JEFFERSON COUNTY, TEXAS
BEING 0.5344 acre of land out of and a part of Lot 4, Block 16, Range "G", and Lot 1,
Block 16, Range "H", Port Arthur Land Company Subdivision, recorded in Volume 1,
Page 22,Map Records, Jefferson County, Texas; being part of a tract of land described in
a deed to Nederland Independent School District,recorded in Volume 554,Page 100, Deed
Records, Jefferson County, Texas; said 0.5344 acre tract being more fully described by
metes and bounds as follows,to wit:
Note: Bearings, coordinates, distances and acreage are based on the Texas Coordinate
System of 1983, South Central Zone, US Survey Feet, and are referenced to SmartNet,
North America.
BEGINNING at a point for corner on the Northwest line of said Nederland Independent
School District; said point being on the existing Southeast right of way line of a dedicated
road named Detroit Avenue and being the most Westerly corner of the herein described
tract;having a Texas Coordinate of N: 13934243.84, E: 3551574.90;
THENCE,North 36 deg.,46 min.,44 sec., East, on the Southeast right of way line of said
Detroit Avenue,a distance of 931.27' to a point for corner being the most Northerly corner
of the herein described tract;
THENCE, South 53 deg., 13 min., 16 sec., East, a distance of 25.00' to a '/z" steel rod,
capped and marked "SOUTEX", set for the most Easterly corner of the herein described
tract;
THENCE, South 36 deg., 46 min., 44 sec., West, a distance of 931.21' to a 1/2" steel rod,
capped and marked "SOUTEX", set on the Northeast right of way line of a dedicated road
named 21st Street, recorded in Volume 582, Page 485, and Volume 582, Page 410, Deed
Records,Jefferson County, Texas; said/2"steel rod being the most Southerly corner of the
herein described tract;
THENCE,North 53 deg., 21 min., 12 sec.,West, on the Northeast right of way line of said
21' Street, a distance of 25.00' to the POINT OF BEGINNING and containing 0.5344
acre of land,more or less.
This description is based on the Land Survey made under the direct supervision of Anthony
M. Leger,Registered Professional Land Surveyor No. 5481 on March 9, 2020.
City of Nederland
20-0240
.....11-030,01.
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6
RESOLUTION NO. 2020-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEDERLAND, TEXAS EXTENDING THE DISASTER
DECLARATION ISSUED BY MAYOR ALBANESE ON
MARCH 16, 2020 IN RESPONSE TO THE CORONAVIRUS
DISEASE 2019 (COVID-19)
WHEREAS, the City of Nederland, Texas has been impacted by the Coronavirus Disease 19
(COVID-19)that was declared a pandemic by the World Health Organization;and
WHEREAS,on March 16, 2020, Don Albanese, Mayor of the City of Nederland,Texas issued a
Declaration of Disaster declaring a state of disaster for the City of Nederland;and
WHEREAS, the Nederland City Council via Resolution No. 2020-03, Resolution No. 2020-04,
Resolution No. 2020-06, and Resolution No. 2020-09 authorized the extension of the Declaration of
Disaster in accordance with Section 418.018 of the Texas Government Code;and
WHEREAS,the conditions necessitating such disaster declaration continue to exist;and
WHEREAS, pursuant to Section 418.108(b),Texas Government Code, a local state of disaster
may not be continued for a period in excess of seven(7)days without the consent of the governmental
body of the political subdivision;and
WHEREAS,the continued presence and effects of Coronavirus Disease 19 (COVID-19) pose an
imminent threat to public health and safety and immediate action of the City Council is required.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,TEXAS,
THAT:
Section 1. The declaration of disaster, which was signed and executed by the Mayor on
March 16, 2020, shall be extended by the City Council of the City of Nederland
though July 26,2020 in accordance with Section 418.018 of the Texas Government
Code.
Section 2. The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Open Meetings Act,Texas Government Code,Chapter
551.
Section 3. This resolution shall become effective from and after its passage.
PASSED AND APPROVED by the Nederland City Council this the 22ND day of JUNE,2020.
NPei -,
:K'i ..-._i 4t gig-ertii1e
'0 1, ii,'�i' F.. Don Albanese, Mayor
4,: ',a- City of Nederland, Texas
012�i1
•ay Ferg on, City Cle
APPROVED AS TO FORM AND LEGALITY:
Jes-- = .�is , City Attorney
ORDINANCE NO.2020-15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEDERLAND,TEXAS AMENDING THE FISCAL YEAR 2019-
2020 BUDGET IN ACCORDANCE WITH THE BUDGET AND
THE CHARTER OF THE CITY OF NEDERLAND.
WHEREAS,the City Council previously approved Ordinance No.2019-26,which adopted
the Fiscal Year 2019-2020 City Budget;and,
WHEREAS, the City Council deems it necessary to amend the current budget to adjust
revenues and expenditures as set out in Attachment"A"attached hereto;and,
WHEREAS,the 2019-2020 City budget states "That any unencumbered funds remaining
on hand at the end of the fiscal year ending September 30, 2020 shall be construed with and
classified with Miscellaneous revenue anticipated during the fiscal year beginning October 1,
2019 and ending September 30,2020,and such funds are hereby appropriated as a City Council
Contingency Account for purposes approved by the City Council;and,
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND,
TEXAS:
THAT the budget for the fiscal year 2019-2020 is amended to allow for adjustments in
revenues and expenditures as set out in Attachment"A."
THAT all ordinances and parts of ordinances in conflict herewith are expressly repealed.
THAT the City Clerk shall file a true copy of this ordinance and said budget amendment
with the Office of County Clerk of Jefferson County,Texas as provided by Section 102.011 of the
Local Government Code.
THAT,this being an ordinance not requiring publication,it shall take effect and be in force
from and after its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF NEDERLAND AT A
AEGIJA,4,R MEETING THIS THE 22nd DAY OF JUNE,2020.
NEDF
(;� R �� 1
'-> -''11)..;,/3
= Don Albanese,Mayor
City of Nederland,Texas
Gay Fergu..n,City Clerk Li( /�•�(
APPROVED AS TO FORM AND LEGALITY:
C_--
Jess: :
--Jess: : • , ity Attorney
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ORDINANCE NO. 2020-16
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEDERLAND, TEXAS AUTHORIZING THE
ISSUANCE OF "CITY OF NEDERLAND, TEXAS, TAX
ANTICIPATION NOTE, SERIES 2020"; SPECIFYING
THE TERMS AND FEATURES OF SAID NOTE;
LEVYING A CONTINUING DIRECT ANNUAL AD
VALOREM TAX FOR THE PAYMENT OF THE
PRINCIPAL OF AND INTEREST ON SAID NOTE;
AND RESOLVING OTHER MATTERS IN
CONNECTION THEREWITH.
RECITALS
1. The City Council (the "Governing Body") of the City of Nederland, Texas
(the"Issuer")has determined that a tax anticipation note should be issued and sold at this time to
provide funds to pay contractual obligations to be incurred for construction of the following
public work: Water and sewer system extensions and improvements. Proceeds of the Note will
also be used to pay (i)professional services rendered in connection therewith and in the issuance
of such notes and (ii)the cost of issuance of such note.
2. Pursuant to chapter 1431, Texas Government Code, as amended
(hereinafter called the "Act"), the Governing Body is authorized and empowered to issue tax
anticipation notes to provide funds to pay contractual obligations incurred or to be incurred for
such purposes.
3. The Governing Body has previously found and determined that the Note
should be issued in accordance with the terms of an Ordinance adopted on June 22, 2020, and
now desires to restate and amend such Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF
THE ISSUER:
SECTION 1: Authorization;Designation;Principal Amount;Purpose. A Note
of the Issuer shall be and is hereby authorized to be issued in the aggregate principal amount of
$1,045,000 to be designated and bear the title "CITY OF NEDERLAND, TEXAS, TAX
ANTICIPATION NOTES, SERIES 2020" (the "Note"), for the purposes stated in Recital 1,
pursuant to authority conferred by and in conformity with the Constitution and laws of the State
of Texas (the "State"),particularly, but not by way of limitation,the Act. When used herein, the
term"interest" includes all payments due to the United States of America pursuant to Section 18.
SECTION 2: Stated Maturities;Date. The Note shall be issued as a single Note
in unregistered form, without coupons, and shall have a Dated Date of July 1, 2020 (the "Dated
Date"). The Note shall be payable to the Payee listed therein, or to its subsequent endorsee
(provided that the Issuer may make all such payments to the Initial Purchaser who shall be the
Payee stated in the Note and which will be responsible for transfer of such payments to any such
endorsee) shall become due and payable on September 1 in the year and in the principal amount
(the"Stated Maturity") in accordance with the following schedule:
THE NOTES
Year of Principal Interest
Stated Maturity Amount Rate(s)(%)
2025 1,045,000
The Note shall bear interest on the unpaid principal amount thereof from the date
of initial delivery to the Initial Purchaser at the per annum interest rate(s) shown above in this
Section (calculated on the basis of a 360-day year of twelve 30-day months) and such interest
shall be payable on March 1, 2020, and each September 1 and March 1 thereafter until the earlier
of stated maturity or redemption (the "Interest Payment Date"), all in accordance with and
subject to the provisions hereof.
SECTION 3: Terms of Payment. At fmal maturity, the Note and the coupon
appertaining thereto shall be surrendered against payment therefor of all outstanding principal
and interest on the Note to the Issuer, and if surrendered to the Issuer, shall be promptly canceled
by it.
SECTION 4: Redemption.
A. Optional Redemption. The Note and the coupon appertaining thereto is
subject to redemption at the option of the Issuer and mandatory sinking fund redemption as set
forth in the form of Note in Section 8.
B. Exercise of Redemption Option. The exercise by the Issuer of its option to
redeem the Note and the portion of the interest coupon appertaining to the principal amount of
the Note so redeemed shall be evidenced by an order or resolution of the Governing Body
entered into its minutes. The Issuer shall, at least 15 days prior to each date of redemption (the
"Redemption Date"), notify the Initial Purchaser in writing of such Redemption Date and of the
portion of the principal amount of the Note to be redeemed.
C. Payment of the Redemption Price. Notice of redemption having been
given to the Initial Purchaser as aforesaid, the portion of the principal amount of the Note so to
be redeemed and the portion of the interest coupon appertaining thereto shall, on the Redemption
Date, become due and payable at the price fixed for redemption (the "Redemption Price"), and
from and after such date (unless the Issuer shall default in the payment of the Redemption Price)
the redeemed portion of the principal amount of the Note so redeemed shall cease to bear
interest. The Initial Purchaser shall record on the Note (or cause any subsequent endorsee to
record on the Note) the principal amount of any Note so prepaid and shall record on the interest
coupon appertaining thereto (or cause any subsequent endorsee to record on such interest
coupon)the interest evidenced by such coupon so prepaid,however, failure to so record any such
prepayment shall not affect the effect of such redemption.
If any deposit of the Redemption Price of the principal of any Note called for
redemption shall not be so paid to the Initial Purchaser on or prior to the Redemption Date, the
same shall continue to bear interest from the Redemption Date at the rate borne by such Note.
SECTION 5: Transfer. The Note and the coupon appertaining thereto is not
subject to registration and may be transferred only on endorsement thereof (but may not be
endorsed to "bearer"). The Note is not subject to exchange.
SECTION 6: Execution;Registration. The Note and the interest coupon
appertaining thereto shall be executed on behalf of the Issuer by the Mayor or Mayor Pro Tem of
the Issuer under its seal impressed, affixed, or reproduced thereon and attested by the Secretary
of the Issuer or an Assistant or Acting Secretaries. The signature of any of these officers on the
Note and interest coupon must be manual, except that the Initial Note and interest coupon
registered with the Comptroller of Public Account of the State of Texas may bear facsimile
signatures. If the Note bears the manual or facsimile signatures of individuals who were at the
time the proper officers of the Governing Body, it shall bind the Issuer, notwithstanding that
such individuals or any of them shall cease to hold such offices.
The Mayor or Mayor Pro Tem of the Issuer shall execute one Note, representing
the entire principal amount of the Note and dated its date of delivery, in the name of the Initial
Purchaser as Payee, and one interest coupon. The officers or acting officers of the Governing
Body are authorized to execute and deliver on behalf of the Governing Body such certificates
and instruments as may be necessary to accomplish or in furtherance of the delivery of the Note
and the interest coupon to and payment therefor by the Initial Purchasers.
SECTION 7: Initial Note. The Note herein authorized shall be issued initially as
a single note in the total principal amount of the Note numbered T-1 (hereinafter called the
"Initial Note") and the Initial Note shall be registered in the name of the Initial Purchaser as
Payee, with one appertaining interest coupon numbered 1. The Initial Note shall be the Note
submitted to the Office of the Attorney General of the State of Texas for approval, certified and
registered by the Office of the Comptroller of Public Accounts of the State of Texas and
delivered to the Initial Purchaser. Any time after the delivery of the Initial Note, the Issuer, may
cancel the Initial Note and coupon appertaining thereto delivered hereunder and exchange
therefor a definitive Note and coupon numbered R-1 and for delivery to the Initial Purchaser.
SECTION 8: Forms.
A. Forms Generally. The Note, the interest coupon, and the Registration
Certificate of the Comptroller of Public Accounts of the State of Texas to be printed on the
Initial Note shall be substantially in the forms set forth in this Section with such appropriate
insertions, omissions, substitutions, and other variations as are pennitted or required by this
Ordinance and may have such letters, numbers, or other marks of identification (including
identifying numbers and letters of the Committee on Uniform Securities Identification
Procedures of the American Bankers Association) and such legends and endorsements (including
any reproduction of an opinion of counsel) thereon as may, consistently herewith, be established
by the Issuer or determined by the officers executing such Note as evidenced by their execution
thereof. Any portion of the text of any Note or interest coupon may be set forth on the reverse
thereof,with an appropriate reference thereto on the face of the Note or interest coupon.
The Note and the Initial Note and the interest coupon appertaining thereto shall be
typewritten, printed, lithographed, or engraved or produced in any other similar manner, all as
determined by the officers executing such Notes as evidenced by their execution thereof.
B. Form of Definitive Note.
NO. R-_ $1,045,000
THIS NOTE MAY NOT BE OFFERED OR SOLD TO THE PUBLIC
The Note May Not Be Endorsed to Bearer
United States of America
State of Texas
CITY OF NEDERLAND, TEXAS
TAX ANTICIPATION NOTE, SERIES 2020
Dated Date: Interest Rate: Stated Maturity: [Cusip No.:]
July 1, 2020 September 1, 2025
PAYEE:
PRINCIPAL AMOUNT: One Million Forty-Five Thousand and no/100 Dollars
The City Council (the "Governing Body") of the City of Nederland, Texas
(hereinafter referred to as the "Issuer"), a body corporate and political subdivision of the State of
Texas (the "State"), for value received, acknowledges that the City will be indebted to and
hereby promises to pay to the order of the Payee specified above on the Stated Maturity date
specified above (subject to earlier redemption), the principal amount set forth above, and to pay
interest on the unpaid principal amount hereof from the date of initial delivery to the Payee,
[Insert Date], (computed on the basis of a 360-day year of twelve 30-day months); such interest
being payable on March 1, 2021, and each September 1 and March 1 thereafter until maturity or
earlier redemption. Principal of this Note and the interest coupon appertaining hereto is payable
at its Stated Maturity to the Payee, upon presentation and surrender to the Issuer by the Payee or
the Payee's endorsee as evidenced on the Note.
If the date for the payment of the principal of or interest on the Notes shall be a
Saturday, Sunday, a legal holiday, or a day on which banking institutions in the city where the
Issuer is located are authorized by law or executive order to close,then the date for such payment
shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on
which banking institutions are authorized to close, and payment on such date shall have the same
force and effect as if made on the original date payment was due. All payments of principal of,
premium, if any, and interest on this Note shall be without exchange or collection charges to the
owner hereof and in any coin or currency of the United States of America which at the time of
payment is legal tender for the payment of public and private debts.
This Note is one of the series specified in its title issued pursuant to chapter 1431,
Texas Government Code, as amended, to pay contractual obligations to be incurred for
construction of a public work: Water and sewer system extensions and improvements. Proceeds
of the Notes will also be used to pay (i)professional services rendered in connection therewith
and in the issuance of this Note; and (ii) the cost of issuance of this Note, under and in strict
conformity with the Constitution and laws of the State, and pursuant to an ordinance adopted by
the governing body of the Issuer (herein referred to as the"Ordinance").
The Note is payable from the proceeds of a continuing direct ad valorem tax
levied in the Ordinance upon all taxable property within the Issuer, within the limitations
prescribed by law.
The Note and the interest coupon appertaining hereto, is subject to optional
redemption in whole at any time, at the option of the Issuer, on notice mailed to the Initial
Purchaser not less than 15 days prior to the Redemption Date as provided in the Note Ordinance,
as a whole on any date prior to their Final Maturity, upon payment of the Redemption Price,
which shall consist of the principal amount thereof together with interest, if any, accrued to the
Redemption Date.
[Insert mandatory redremption provisions.]
The Note (or portions or portions of principal thereof) for whose redemption and
payment provision is made in accordance with the Ordinance shall cease to bear interest from
and after the Redemption Date.
Reference is hereby made to the Ordinance, a copy of which is on file with the
Issuer, and to all the provisions of which the Owner or Holder hereof by the acceptance hereof
hereby assents, for definitions of terms; the description of the continuing direct ad valorem taxes
pledged to the payment of the principal of and interest on the Notes; the restrictions relating to
the transfer or exchange of this Note; the nature and extent and manner of enforcement of the
pledge; the conditions upon which the Ordinance may be amended or supplemented with or
without the consent of the Holder of the Note; the rights, duties, and obligations of the Issuer; the
terms and provisions upon which the liens, pledges, charges and covenants made therein may be
redeemed or discharged at or prior to the maturity of this Note, and this Note deemed to be no
longer Outstanding (as defined in the Ordinance) thereunder; and for the other terms and
provisions contained therein. Capitalized terms used herein have the meanings assigned in the
Ordinance.
As provided in the Note Ordinance and subject to certain limitations therein set
forth, this Note and the interest coupon appertaining hereto is not registered and is transferable
upon endorsement only, but may not be endorsed to bearer.
It is hereby certified, recited, represented and covenanted that the Issuer is a body
corporate and political subdivision duly organized and legally existing under and by virtue of the
Constitution and laws of the State; that the issuance of the Note is duly authorized by law; that
all acts, conditions and things required to exist and be done precedent to and in the issuance of
the Note to render the same lawful and valid obligations of the Issuer have been properly done,
have happened and have been performed in regular and due time, form and manner as required
by the Constitution and laws of the State of Texas, and the Ordinance; that the Note does not
exceed any constitutional or statutory limitation; and that due provision has been made for the
payment of the principal of and interest on the Note by a pledge of the continuing direct ad
valorem tax levied upon all taxable property within the Issuer, within the limitations presented
by law as aforestated. In case any provision in this Note or any application thereof shall be
invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining
provisions and applications shall not in any way be affected or impaired thereby. The terms and
provisions of this Note and the Ordinance shall be construed in accordance with and shall be
governed by the laws of the State of Texas.
This Note is not entitled to any right or benefit under the Ordinance, nor is it valid
or obligatory for any purpose, unless there appears hereon a Certificate of Registration manually
executed by either the Comptroller of Public Accounts of the State of Texas or his duly
authorized agent, or the manual signatures of the Mayor and City Secretary of the Issuer.
IN WITNESS WHEREOF, the Governing Body of the Issuer has caused this
Note to be duly executed under the official seal of the Issuer as of the Dated Date.
Dated:
CITY OF NEDERLAND, TEXAS
(eLlit le —
ayor
COUNTERSIGNED:
!qty Secr•;
• t 0
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C. Form of Registration Certificate of Comptroller of Public Accounts to appear on
Initial Note(s)only.
REGISTRATION CERTIFICATE OF
COMPTROLLER OF PUBLIC ACCOUNTS
OFFICE OF THE COMPTROLLER §
OF PUBLIC ACCOUNTS
THE STATE OF TEXAS §
I HEREBY CERTIFY that this Note has been examined, certified as to validity,
and approved by the Attorney General of the State of Texas, and duly registered by the
Comptroller of Public Accounts of the State of Texas.
WITNESS my signature and seal of office this
Comptroller of Public Accounts
(SEAL) of the State of Texas
* Note to Printer: Do not print on Definitive Notes
SECTION 9: Definitions. That for purposes of this Ordinance and for clarity
with respect to the issuance of the Notes, the following words or terms, whenever the same
appears herein without qualifying language, are defined to mean as follows:
(a) The term "Collection Date" means, for any year, the date that annual ad
valorem taxes levied by the Issuer in that year become delinquent.
(b) The term "Debt Service Requirement" has the meaning stated in
Section 11.
(c) The term "Government Obligations" means (1) direct obligations of
(including obligations issued or held in book entry form on the books of), or obligations
the timely payment of the principal of and interest on which are fully and unconditionally
guaranteed by, the United States of America, (2) noncallable obligations of an agency or
instrumentality of the United States, including obligations that are unconditionally
guaranteed or insured by the agency or instrumentality and that, on the date the
Governing Body adopts or approves the proceedings authorizing the issuance of
refunding bonds, are rated as to investment quality by a nationally recognized investment
rating firm not less than AAA or its equivalent, or (3) noncallable obligations of a state
or agency or a county, municipality, or other political subdivision of a state that have
been refunded and that, on the date the Governing Body adopts or approves the
proceedings authorizing the issuance of refunding bonds, are rated as to investment
quality by a nationally recognized investment rating firm not less than AAA or its
equivalent, but in the case of each of Clauses (1), (2), and (3), only if such obligations
may not be called for redemption prior to maturity.
(d) The term"Note" shall have the meaning set forth in Section 1.
(e) "Initial Purchaser"has the meaning stated in Section 21.
(f) The term"Interest and Sinking Fund" shall mean the special fund created
and established under the provisions of Sections 10 and 11 of this Ordinance.
(g) The term "Outstanding" when used in this Ordinance with respect to the
Note means, as of the date of determination, the Note theretofore issued and delivered
under this Ordinance, except:
(1) The Note cancelled by the Issuer or delivered to the Issuer for
cancellation;
(2) any Note or portion deemed to be paid by the Issuer in accordance
with the provisions of Section 16 hereof by the irrevocable deposit into the
Interest and Sinking Fund, or with an authorized escrow agent, of money or
Government Obligations, or both, in the amount necessary to fully pay the
principal of and interest thereon to Stated Maturity; and
(3) a Note that has been mutilated, destroyed, lost, or stolen and a
replacement Note has been registered and delivered in lieu thereof as provided in
Section 20 hereof.
SECTION 10: Interest and Sinking Fund
Money in the Interest and Sinking Fund may, at the option of the Issuer, be
invested in obligations identified in, and in accordance with the provisions of the Public Funds
Investment Act, chapter 2256, Texas Government Code, as amended, relating to the investment
of"bond proceeds"; provided that all such investments shall be made in such a manner that the
money required to be expended from said Fund will be available at the proper time or times. All
interest and income derived from deposits and investments in said Interest and Sinking Fund
shall be credited to, and any losses debited to, the said Interest and Sinking Fund. All such
investments shall be sold promptly when necessary to prevent any default in connection with the
Note.
SECTION 11: Tax Levy.
To provide for the payment of(i) the interest on the Note and (ii) the greater of
principal of the Note due in the next succeeding calendar year, a sinking fund for their
redemption at or prior to maturity, or a sinking fund of 2% of the principal of the Note
(whichever amount is greater) (the "Debt Service Requirement"), the Issuer hereby levies and
shall annually assess and collect in due time, form, and manner, a tax on all taxable property in
the Issuer, within the limitations prescribed by law, and such tax hereby levied on each one
hundred dollars' valuation of taxable property in the Issuer for the Debt Service Requirement of
the Note shall be at a rate from year to year as will be ample and sufficient to provide funds each
year to pay the principal of and interest on said Note while Outstanding; full allowance being
made for delinquencies and costs of collection; separate books and records relating to the receipt
and disbursement of taxes levied, assessed and collected for and on account of the Note shall be
kept and maintained by the Issuer at all times while the Note is Outstanding, and the taxes
collected for the payment of the Debt Service Requirement on the Note shall be deposited to the
credit of a "Special Series 2020 Note Account" (the "Interest and Sinking Fund") maintained on
the records of the Issuer and deposited in a special fund maintained at an official depository of
the Issuer's funds; and such tax hereby levied, and to be assessed and collected annually, is
hereby pledged to the payment of the Note.
Proper officers of the Issuer are hereby authorized and directed to cause to be
transferred to the Initial Purchaser for the Note, from funds on deposit in the Interest and Sinking
Fund, amounts sufficient to fully pay and discharge promptly each installment of interest and
principal of the Notes as the same accrues or matures; such transfers of funds to be made in such
manner as will cause collected funds to be deposited with the Initial Purchaser on or before each
principal and Interest Payment Date for the Note.
The Issuer shall determine the amount of taxes to be provided annually for the
Debt Service Requirement in the following manner:
A. Prior to establishing the annual tax rate, the Governing Body shall
determine:
(1) the amount of Debt Service Requirement to become due and
payable on the Note between the Collection Date for the taxes then to be levied
and the Collection Date for the taxes to be levied during the next succeeding
calendar year;
(2) the amount on deposit in the Interest and Sinking Fund (including
surplus Note proceeds transferred to the Interest and Sinking Fund from the Project
Fund (as defined herein) or other funds of the Issuer legally available for such
purpose and at the election of the Issuer appropriated to payment of the Debt
Service Requirement and transferred to the Interest and Sinking Fund) after
deducting therefrom the total amount of the Debt Service Requirement to become
due on the Note prior to the Collection Date for the continuing direct ad valorem
taxes to be levied.
B. The Issuer shall assess and levy annually each year a tax within the limits
prescribed by law to pay the Debt Service Requirement sufficient to provide tax revenues in the
amount established in paragraph (1) above less the sum total of the amounts established in
paragraph (2) of this Section, after taking into consideration delinquencies and costs of collecting
such annual taxes.
SECTION 12: Deposits to Interest and Sinking Fund. The Issuer hereby
covenants and agrees to cause to be deposited in the Interest and Sinking Fund prior to each
Stated Maturity or redemption date from the funds available for such purpose, including the
proceeds of the tax levied under Section 11, plus such other amounts at the Governing Body's
discretion as the Issuer may from time to time lawfully contribute thereto, an amount equal to
one hundred per centum (100%) of the amount required to fully pay the interest and principal
payments then due and payable on the Note.
The deposits to the Interest and Sinking Fund, as hereinabove provided, shall be
made until such time as such Interest and Sinking Fund contains an amount equal to pay the
principal of and interest on the Outstanding Note to maturity (including earlier redemption).
Any proceeds of sale of the Note in excess of the amount required to pay the contractual
obligations to be incurred (including change orders to a construction contract) shall be deposited
in the Interest and Sinking Fund, which amount shall reduce the sums otherwise required to be
deposited in said Interest and Sinking Fund.
SECTION 13: Project Fund. The Project Fund shall comprise part of the capital
improvements fund of the Issuer. The Issuer shall deposit to the credit of the Project Fund the
proceeds of the Note. The Project Fund shall be applied solely (1)to pay the costs necessary or
appropriate to accomplish the purposes described herein for which the Note is issued and (2) to
the extent the proceeds of Notes deposited to the Project Fund and investment income
attributable thereto are in excess of the amounts required for any such purpose, to transfer such
unexpended proceeds or income to the Interest and Sinking Fund.
SECTION 14: Security of Funds. All money on deposit in the Interest and
Sinking Fund for which this Ordinance makes provision(except any portion thereof as may be at
any time properly invested) shall be secured in the manner and to the fullest extent required by
the laws of Texas for the security of public funds, and money on deposit in such Funds shall be
used only for the purposes permitted by this Ordinance.
SECTION 15: Remedies in Event of Default. In addition to all the rights and
remedies provided by the laws of the State of Texas, the Issuer covenants and agrees particularly
that in the event the Issuer (a) defaults in the payments to be made to the Interest and Sinking
Fund, or (b) defaults in the observance or performance of any other of the covenants, conditions
or obligations set forth in this Ordinance, the owner or owners of the Note shall be entitled to a
writ of mandamus issued by a court of proper jurisdiction compelling and requiring the
Governing Body of the Issuer and other officers of the Issuer to observe and perform any
covenant, condition or obligation prescribed in this Ordinance.
No delay or omission to exercise any right or power accruing upon any default
shall impair any such right or power, or shall be construed to be a waiver of any such default or
acquiescence therein, and every such right and power may be exercised from time to time and as
often as may be deemed expedient. The specific remedies herein provided are cumulative of all
other existing remedies and the specification of such remedies may not be deemed to be
exclusive.
SECTION 16: Satisfaction of Obligations of Issuer. If the Issuer pays or causes
to be paid, or there is otherwise paid to the Initial Purchaser, the principal of and interest on the
Note, at the times and in the manner stipulated in this Ordinance, then the lien on and pledge of
the ad valorem taxes of the Issuer under this Ordinance and all covenants, agreements, and other
obligations of the Issuer to the Holder shall thereupon cease, terminate, and be discharged and
satisfied.
The Note or any principal amount(s) thereof shall be deemed to have been paid
within the meaning and with the effect expressed above in this Section when(i)money sufficient
to pay in full such Note or the principal amount(s)thereof at each Stated Maturity or(if notice of
redemption has been duly given, irrevocably provided for, or waived as provided herein) to the
Redemption Date, together with all interest due thereon, shall have been irrevocably deposited
with the Initial Purchaser or an authorized escrow agent, or (ii) Government Obligations shall
have been irrevocably deposited in trust with an authorized escrow agent, which Government
Obligations have been certified by an independent accounting firm to mature as to principal and
interest in such amounts and at such times as will insure the availability,without reinvestment, of
sufficient money, together with any moneys deposited therewith, if any, to pay when due the
principal of and interest on such Notes on and prior to the Stated Maturity thereof. The Issuer
covenants that no deposit of moneys or Government Securities will be made under this Section
and no use made of any such deposit which would cause the Note to be treated as an "arbitrage
bond" within the meaning of section 103(c) of the Internal Revenue Code of 1954, as amended,
or regulations adopted pursuant thereto.
Any moneys so deposited with an authorized escrow agent, and all income from
Government Obligations held in trust by an authorized escrow agent, pursuant to this Section
which is not required for the payment of the Note or any principal amount(s) thereof, or interest
thereon with respect to which such moneys have been so deposited shall be remitted to the Issuer
or deposited as directed by the Issuer. Furthermore, any money held by the Issuer for the
payment of the principal of and interest on the Note and remaining unclaimed for a period of
four years after the Stated Maturity of the Note such moneys were deposited and are held in trust
to pay shall upon the request of the Issuer be remitted to the Issuer against a written receipt
therefor. Any remittance of funds to the Issuer shall be subject to any applicable unclaimed
property laws of the State of Texas.
SECTION 17: Ordinance a Contract; Amendments. This Ordinance shall
constitute a contract with the Holders from time to time, be binding on the Issuer, and shall not
be amended or repealed by the Issuer so long as any Note remains Outstanding except as
permitted in this Section. The Issuer, may, without the consent of or notice to the Holder of the
Note, from time to time and at any time, amend this Ordinance in any manner not detrimental to
the interests of the Holder of the Note, including the curing of any ambiguity, inconsistency, or
formal defect or omission herein. In addition, the Issuer may, with the written consent of the
Holder of the Note, amend, add to, or rescind any of the provisions of this Ordinance; provided
that, without the consent of the Holder of the Outstanding Note, no such amendment, addition, or
rescission shall (1) extend the time or times of payment of the principal of, premium, if any, and
interest on the Notes, reduce the principal amount thereof, or the rate of interest thereon, or in
any other way modify the terms of payment of the principal of, premium, if any, or interest on
the Note.
SECTION 18: Tax Covenants.
A. Not to Cause Interest to Become Taxable. The Issuer shall not use,permit
the use of, or omit to use Gross Proceeds or any other amounts (or any property acquired,
constructed, or improved with Gross Proceeds) in a manner which, if made or omitted,
respectively, would cause interest on the Note not to be excludable from the gross income, as
defined in section 61 of the Code, of the owners thereof for federal income tax purposes. The
Issuer shall adopt and comply with the provisions of such amendments hereof and supplements
hereto as may, in the opinion of nationally recognized bond counsel, be necessary to preserve or
perfect such exclusion. Without limiting the generality of the foregoing, the Issuer shall comply
with each of the specific covenants in this Section at all times prior to the last maturity of the
Note, unless and until the Issuer shall have received a written opinion of nationally recognized
bond counsel to the effect that failure to comply with such covenant will not adversely affect the
excludability of interest on the Note from the gross income of the owner thereof for federal
income tax purposes, and thereafter such covenant shall no longer be binding upon the Issuer to
the extent described in such opinion, anything in any other Subsection of this Section to the
contrary notwithstanding.
B. No Private Use or Private Payments. Prior to the final Stated Maturity of
the Note, (i)the Issuer shall not use or permit the use of Gross Proceeds (or any property
acquired, constructed, or improved with Gross Proceeds) directly or indirectly in any Private
Business Use, or (ii)the Issuer shall not directly or indirectly impose or accept any charge or
other payment for use of Gross Proceeds (or use of any property acquired, constructed, or
improved with Gross Proceeds) in any Private Business Use unless such charge or payment
consists of taxes of general application within the Issuer or interest earned on temporary
Investments acquired with Gross Proceeds pending application of such Gross Proceeds for their
intended purposes. "Private Business Use" means any trade or business carried on by any
Person, or any activity of any Person other than a natural person, in each case excluding state and
local governments, unless such use is merely as a member (and, except possibly for the amount
of use and any corresponding rate adjustment, is extended by the Issuer on the same terms as to
all other members) of the general public.
For purposes of this Subsection B, property is considered to be "used" by a
Person if:
(1) Sale or Lease: it is sold or otherwise disposed of, or leased, to such
Person;
(2) Management Contract: it is operated, managed, or otherwise physically
employed, utilized, or consumed by such Person, excluding operation or management
pursuant to an agreement which meets the conditions described in I.R.S. Rev. Proc. 97-
13;
(3) Capacity, Output, or Service Commitment: capacity in or output or
service from such property is reserved or committed to such Person under a take-or-pay,
output, incentive payment, or similar contract or arrangement;
(4) Preferential Service: such property is used to provide service to (or such
service is committed to or reserved for) such Person on a basis or terms which (except
possibly for the amount of use and any corresponding rate adjustment) are different from
the basis or terms on which such service is provided (or committed or reserved) to
members of the public generally;
(5) Developer: such Person is a developer and a significant amount of
property acquired, constructed, or improved with proceeds from the sale of the Notes (or
of bond anticipation notes retired with such proceeds or income from the investment
thereof) serves only a limited area substantially all of which is owned by such Person, or
a limited group of developers, unless such property carries out an essential governmental
function, use by such Person is during an initial development period, and such property is
developed and sold to (and occupied by) members of the general public in accordance
with the Regulations; or
(6) Other: substantial burdens and benefits of ownership of such property are
otherwise effectively transferred to such Person,
but the temporary investment of Gross Proceeds pending application for their intended purpose
shall not constitute"use" of Gross Proceeds.
C. No Private Loan. The Issuer shall not use Gross Proceeds of the Note to
make or finance loans to any Person other than a state or local government, excluding loans
consisting of temporary investments of Gross Proceeds pending application of such Gross
Proceeds for their intended purposes. For purposes of this Subsection C, Gross Proceeds are
considered to be "loaned" to a Person if (1)property acquired, constructed, or improved with
Gross Proceeds is sold or leased to such Person in a transaction which creates a debt for federal
income tax purposes, (2) capacity in or service from such property is committed to such Person
under a take-or-pay, output, or similar contract or arrangement, or (3) indirect benefits, or
burdens and benefits of ownership, of Gross Proceeds or such property are otherwise transferred
to such Person in a transaction which is the economic equivalent of a loan.
D. Not to Invest at Higher Yield. Prior to the final Stated Maturity of the
Note, the Issuer shall not directly or indirectly invest Gross Proceeds in any Taxable Investment
(or use Gross Proceeds to replace money so invested), if, as a result of such investment,the Yield
of all Taxable Investments acquired with Gross Proceeds (or with money replaced thereby),
whether then held or previously disposed of, to the date of such investment exceeds the Yield of
the Note. Notwithstanding the foregoing, however, the following Taxable Investments shall be
excluded from the limitation described in this Subsection D:
(1) Three Year Period for Sale Proceeds: Taxable Investments acquired with
or representing an investment of proceeds from the sale of the Note or income from the
investment thereof, but only during the first three years after the Issue Date and, in the
case of proceeds or income held for the account of the Project Fund, prior to the date on
which the project or projects for which the Notes are being issued have been completed,
if earlier;
(2) One Year Period for Sale Proceeds: Taxable Investments acquired with
or representing an investment of income from investment of proceeds and not described
in Clause (1) of this Subsection D from the sale of the Note during the first year after
receipt of such income;
(3) Interest and Sinking Fund Deposits: Taxable Investments acquired with
or representing an investment of amounts held for the credit of the Interest and Sinking
Fund, but only during the first 13 months after the date of deposit of such amounts;
(4) Other Investments: any other Taxable Investments acquired with or
representing an investment of Gross Proceeds, but only to the extent the aggregate
amount of Gross Proceeds invested in such Taxable Investment does not exceed the
lesser of$100,000 or 5% of the proceeds from sale of the Note.
The Issuer shall pursue work on the project or projects for which the Note is being issued with
due diligence until completion. The Issuer shall not (a)use any money to pay principal of or
interest on the Note, or pledge (or permit to be pledged) or otherwise restrict any money, funds,
or Investments so as to give reasonable assurance of their availability for such purpose, except in
each case amounts deposited to the Interest and Sinking Fund, or (b) apply any proceeds from
the sale of the Note or income from the investment thereof, directly or indirectly,to pay principal
of or interest on any other indebtedness of the Issuer, any other governmental entity which is
included within the Issuer, or any corporate or other instrumentality of the Issuer or any such
governmental entity.
E. No Federal Guarantees, Etc. The Issuer shall not (a)use an amount of
Gross Proceeds which exceeds 5% of the proceeds from the sale of the Note (i)to make loans
which are guaranteed in whole or in part by the United States or any agency or instrumentality
thereof, including any entity with statutory authority to borrow from the United States, or (ii)to
invest in any deposit or account in a financial institution to the extent such deposit or account is
insured under federal law by the Federal Deposit Insurance Corporation, the National Credit
Union Administration, or any similar federally-chartered corporation, or (b) otherwise permit
payment of principal of or interest on the Note to be directly or indirectly guaranteed in whole or
in part by the United States or any agency or instrumentality thereof, including any entity with
statutory authority to borrow from the United States (e.g., by the investment of amounts held for
the credit of the Interest and Sinking Fund in federally-guaranteed or federally-insured
obligations). Notwithstanding the foregoing, however, the Issuer may acquire:
(1) Certain Temporary Investments: Investments described in Subsection D
of this Section, whether or not federally-guaranteed or federally-insured, to the extent
such Investments are held during the period described in the applicable Subsection,
(2) Treasury Investments: Investments issued by the United States Treasury;
and
(3) Investments Permitted by Regulations: any other Investments permitted
by regulations of the United States Department of Treasury issued under
section 149(b)(3)(B)(v) of the Code.
F. To File Informational Report. The Issuer shall execute and file with the
Secretary of the Treasury, not later than the 15th day of the second calendar month after the close
of the calendar quarter in which the Issue Date occurs (or by such later date as such Secretary
may permit for reasonable cause or may prescribe with respect to any portion of such statement),
a statement containing the information and in the form required by section 149(e) of the Code
and the Regulations thereunder.
G. Not to Cause Note to Become Hedge Bonds. The Issuer represents and
warrants that it reasonably expects to spend 85%of the proceeds from the sale of the Note for the
purposes for which the Note was issued within three years from the Issue Date. The Issuer
covenants that it shall not invest more than 50% of Gross Proceeds in Taxable Investments
having a substantially guaranteed yield for a period of four years or more.
H. Rebate. Except to the extent otherwise provided in section 148(f) of the
Code and the Regulations and rulings thereunder,the Issuer shall:
(1) account for all Gross Proceeds (including all receipts, expenditures and
investments thereof) on its books of account separately and apart from all other funds
(and receipts, expenditures and investments thereof) and shall retain all records of such
accounting for at least six years after the final Computation Date. The Issuer may,
however, to the extent permitted by law, commingle Gross Proceeds of the Note with
other money of the Issuer, provided that the Issuer separately accounts for each receipt
and expenditure of such Gross Proceeds and the obligations acquired therewith.
(2) calculate the Rebate Amount with respect to the Note, not less frequently
than each Computation Date, in accordance with rules set forth in section 148(f) of the
Code, the Regulations, and the rulings thereunder. The Issuer shall maintain a copy of
such calculations for at least six years after the final Computation Date.
(3) as additional consideration for the purchase of the Note by the initial
purchaser thereof and the loan of the money represented thereby, and in order to induce
such purchase by measures designed to ensure the excludability of the interest thereon
from the gross income of the owners thereof for federal income tax purposes, pay to the
United States the amount described in paragraph(2) above at the times, in the
installments, to the place, in the mariner and accompanied by such forms or other
information as is or may be required by section 148(f) of the Code and the Regulations
and rulings thereunder, and
(4) exercise reasonable diligence to assure that no errors are made in the
calculations required by paragraph(2) and, if such error is made, to discover and
promptly to correct such error within a reasonable amount of time thereafter, including
payment to the United States of any interest and any penalty required by section
1.148-3(h) of the Regulations.
I. Not to Divert Arbitrage Profits. Except to the extent permitted by
section 148 of the Code and the Regulations and rulings thereunder, the Issuer shall not,
at any time prior to the earlier of the final stated maturity or final payment of the Note
enter into any transaction that reduces the amount required to be paid to the United States
pursuant to Subsection(h) of this Section because such transaction results in a smaller
profit or a larger loss than would have resulted if the transaction had been at arm's length
and had the Yield of the Note not been relevant to either party.
J. Qualified Tax-Exempt Obligations. The Issuer hereby designates the
Notes as "qualified tax-exempt obligations" pursuant to section 265(b)(3) of the Code.
The Issuer hereby warrants and represents that
(a) the aggregate face amount of all debt obligations issued by the
Issuer in the calendar year of the Issue Date (including the Note),
together with the aggregate face amount of debt obligations issued
by all other Persons which derive their authority from or are
subject to the control of the Issuer and which have authority to
issue obligations described in section 103 of the Code, are not
reasonably expected to exceed $10,000,000;
(B) consequently, the Notes are eligible to be "qualified tax-exempt
obligations"pursuant to section 265(b)(3)of the Code.
The Mayor of the Issuer is hereby authorized to take such other action as may be
necessary to make effective the designation herein.
K. Definitions.
As used in this Section, the following defined terms shall have the
following meaning.
"Code" means the Internal Revenue Code of 1986, as amended by all legislation,
if any, effective on or before the Closing Date.
"Computation Date" has the meaning stated in section 1.148-1(b) of the
Regulations.
"Gross Proceeds" has the meaning stated in section 1.148-1(b) of the
Regulations, and any replacement proceeds as defined in section 1.148-1(c) of the
Regulations, and includes
(1) all amounts received by the Issuer from the sale of the Notes and
earnings from the investment of such amounts, and
(2) all amounts held for the credit of the Interest and Sinking Fund.
"Investment Property" has the meaning stated in sections 148(b)(2) and 148(b)(3)
of the Code.
"Investment" or"Investments"has the meaning stated in section 1.148-1(b) of the
Regulations and includes
(1) Stock: a share of stock in a corporation or a right to subscribe for
or to receive such a share,
(2) Debt: any indebtedness or evidence thereof, including without
limitation United States Treasury bonds, notes, and bills (whether or not of the
State and Local Government Series) and bank deposits (whether or not
certificated or interest bearing or made pursuant to a depository contract),
(3) Annuities and Deferred Payments: any annuity contract, or any
other deferred payment contract acquired to fund an obligation of the Issuer, or
(4) Other Property: any other investment-type property.
"Issue Date" means the date on which the Note is first delivered to the Initial
Purchaser(s)against payment therefor.
"Issue Price" of the Note of any stated maturity means the amounts set out in the
Certificate of Underwriter executed on the Issue Date.
"Rebate Amount"has the meaning stated in section 1.148-3 of the Regulations.
"Regulations" means any proposed, temporary, or final Income Tax Regulation
issued pursuant to sections 103 and 141 through 150 of the Code, and section 103 of the
Internal Revenue Code of 1954, which are applicable to the Notes. Any reference to any
specific Regulation shall also mean, as appropriate, any proposed, temporary or final
Income Tax Regulation designed to supplement, amend or replace the specific Regulation
referenced.
"Taxable Investment"means any Investment other than
(1) Non AMT Tax-Exempt Obligations: an obligation the interest on
which is excluded from the gross income, as defined in section 61 of the Code, of
the owners thereof for federal income tax purposes (or, when such obligation was
issued, was purported by the evidence of such obligation to be so excluded) and
which is not a preference item, as defined in section 57 of the Code,
(2) Tax-Exempt Mutual Funds: an interest in a regulated investment
company to the extent that at least 95% of the income to the holders of such
interest is interest that is excludable from gross income under section 103(a) of
the Code,
(3) Demand SLGS: one-day certificates of indebtedness issued by the
United States Treasury pursuant to the Demand Deposit State and Local
Government Series program described in 31 C.F.R. part 344, if the Issuer in good
faith attempts to comply with all the requirements of such program relating to the
investment of Gross Proceeds, and
(4) Exempt Temporary Investments: Taxable Investments which are
held for the credit of the Current Account of the Interest and Sinking Fund.
"Yield"of
(1) Taxable Investments: means the actuarial "yield" of all Taxable
Investments allocable to Gross Proceeds on or before such date as "yield" is
computed in section 1.148-5(b) of the Regulations, and
(2) Note: means the actuarial yield of the Note, as computed in
section 1.148-4 of the Regulations.
SECTION 19: Continuing Disclosure Undertaking.
Because the offering of the Note is an offering of less than an aggregate principal
amount $1,000,000 within the meaning of SEC Rule 15c2-12, as amended from time to time or
officially interpreted by the SEC (the "Rule"), the Issuer has made no undertaking with respect
to continuing disclosure under the Rule.
SECTION 20: Mutilated, Destroyed Lost and Stolen Note. If (i) a mutilated
Note or the coupon appertaining thereto is surrendered to the Issuer, or the Issuer receive
evidence to its satisfaction of the destruction, loss or theft of such Note or the coupon
appertaining thereto, and of the authenticity of the ownership thereof and(ii)there is delivered to
the Issuer such security or indemnity as may be required to hold it harmless, then, in the absence
of notice to the Issuer that such Note or coupon has been acquired by a bona fide Holder, the
Issuer will execute in exchange for or in lieu of any such mutilated, destroyed, lost or stolen Note
or coupon, a new Note or coupon of the same Stated Maturity and of like tenor and principal
amount, bearing a number not contemporaneously outstanding. In case any such mutilated,
destroyed, or lost or stolen Note or coupon has become or is about to become due and payable,
the Issuer in its discretion may, instead of issuing a new Note or coupon, pay such Note or
coupon. All expenses and charges associated with such indemnity and with the preparation,
execution and delivery of a replacement Note or coupon shall be borne by the Holder of the Note
or coupon so mutilated, or destroyed, lost or stolen.
Every replacement Note or coupon issued pursuant to this Section shall be a valid
and binding obligation of such series, and shall be entitled to all the benefits of this Ordinance;
notwithstanding the enforceability of payment by anyone of the destroyed, lost or stolen Note or
coupon.
The provisions of this Section are exclusive and shall preclude (to the extent
lawful) all other rights and remedies with respect to the replacement and payment of mutilated,
destroyed, lost, or stolen Notes.
SECTION 21: Confirmation of Sale. That the sale of the Note to [
] (the "Initial Purchaser") at the price of par less the discount of$8,249.98 is hereby approved
and confirmed. The form of the Bond Purchase Agreement delivered to the Issuer on this date is
hereby approved, and the Mayor or in his absence the Mayor Pro Tern is hereby authorized to
execute and the Secretary of the Issuer or in her absence any assistant or acting secretary is
hereby authorized to attest and deliver the Bond Purchase Agreement to the Initial Purchaser.
Delivery of the Note to the Initial Purchasers shall occur as soon as practicable after the adoption
of this Ordinance,upon payment therefor in accordance with the terms of sale.
SECTION 22: Control and Custody of the Note. The Mayor of the Issuer shall
be and is hereby authorized to take and have charge of all necessary orders and records pending
investigation by the Attorney General of the State of Texas, including the printing and supply of
the Definitive Note, and shall take and have charge and control of the Initial Note pending the
approval thereof by the Attorney General, the registration thereof by the Comptroller of Public
Accounts and the delivery thereof to the Purchasers.
Furthermore, the Mayor, City Secretary, and Director of Finance, or any one or
more of said officials, are hereby authorized and directed to furnish and execute such documents
and certifications relating to the Issuer and the issuance of the Note, including a certification as
to facts, estimates, circumstances and reasonable expectations pertaining to the use and
expenditure and investment of the proceeds of the Note as may be necessary for the approval of
the Attorney General, registration by the Comptroller of Public Accounts and delivery of the
Note to the Initial Purchaser thereof and make the necessary arrangements for the delivery of the
Initial Note to the Purchaser and the initial exchange thereof for Definitive Note. If requested by
the Attorney General or its representatives, or if otherwise deemed necessary to properly
evidence the intent of the Issuer in the adoption of this Ordinance, the Mayor or Mayor pro tem
of the Issuer may make such ministerial changes in the written text of this Ordinance as such
officer determines are consistent with the intent and purposes of this Ordinance, which
determination shall be final and evidenced by delivery of this Ordinance to the Initial Purchaser
upon delivery of the Definitive Note.
SECTION 23: Notices to Holder-Waiver. Wherever this Ordinance provides for
notice to the Holder of any event, such notice shall be sufficiently given (unless otherwise herein
expressly provided) if in writing and sent by United States Mail, first class postage prepaid, to
the address of the Initial Purchaser on file with the Issuer from time to time.
Where this Ordinance provides for notice in any manner, such notice may be
waived in writing by the Initial Purchaser, either before or after the event with respect to which
such notice is given, and such waiver shall be the equivalent of such notice.
SECTION 24: Cancellation. A Note or coupon surrendered for payment,
transfer, exchange, or replacement, if surrendered to the Issuer, shall be promptly cancelled by it.
SECTION 25: Legal Opinion. The obligation of the Initial Purchasers to accept
delivery of the Note is subject to being furnished a final opinion of bond counsel, approving such
Note as to its validity, said opinion to be dated and delivered as of the date of delivery and
payment for such Note. A true and correct reproduction of said opinion or an executed
counterpart thereof is hereby authorized to be printed on definitive printed obligations.
SECTION 26: CUSIP Numbers. CUSIP numbers may be printed or typed on
the definitive Notes. It is expressly provided, however, that the presence or absence of CUSIP
numbers on the Definitive Notes shall be of no significance or effect as regards the legality
thereof and neither the Issuer nor attorneys approving the Notes as to legality are to be held
responsible for CUSIP numbers incorrectly printed or typed on the Definitive Notes.
SECTION 27: Benefits of Ordinance. Nothing in this Ordinance, expressed or
implied, is intended or shall be construed to confer upon any person other than the Issuer and the
Holder of the Note, any right, remedy, or claim, legal or equitable, under or by reason of this
Ordinance or any provision hereof, this Ordinance and all its provisions being intended to be and
being for the sole and exclusive benefit of the Issuer and the Holder of the Note.
SECTION 28: Incorporation of Preamble Recitals. The recitals contained in the
preamble hereof are hereby found to be true, and such recitals are hereby made a part hereof for
all purposes and are adopted as a part of the judgment and findings of the Governing Body.
SECTION 29: Inconsistent Provisions. All ordinances, orders or resolutions, or
parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are
hereby repealed to the extent of such conflict and the provisions of this Ordinance shall be and
remain controlling as to the matters contained herein.
SECTION 30: Governing Law. This Ordinance shall be construed and enforced
in accordance with the laws of the State of Texas and the United States of America.
SECTION 31: Severability. If any provision of this Ordinance or the application
thereof to any circumstance shall be held to be invalid, the remainder of this Ordinance and the
application thereof to other circumstances shall nevertheless be valid, and the Governing Body
hereby declares that this Ordinance would have been enacted without such invalid provision.
SECTION 32: Effect of Headings. The Section headings herein are for
convenience only and shall not affect the construction hereof.
SECTION 33: Construction of Terms. If appropriate in the context of this
Ordinance, words of the singular number shall be considered to include the plural, words of the
plural number shall be considered to include the singular, and words of the masculine, feminine
or neuter gender shall be considered to include the other genders.
SECTION 34: Public Meeting. It is officially found, determined, and declared
that the meeting at which this Ordinance is adopted was open to the public and public notice of
the time, place, and subject matter of the public business to be considered at such meeting,
including this Ordinance, was given, all as required by chapter 551, Texas Government Code, as
amended.
SECTION 35: Effect of Amendment and Restatement. This ordinance
supercedes this ordinance as adopted by the Governing Body on June 22, 2020, and to the extent
of any inconsistency this ordinance as amended and restated controls and the inconsistent
provisions of this ordinance prior to this restatement and amendment are hereby repealed.
SECTION 36: Emergency. That the public importance of this measure and the
fact that it is to the best interest of the Issuer to provide funds for the improvements herein
contemplated at the earliest possible date for the immediate preservation of the public peace,
•
health, safety and public welfare of its inhabitants, constitutes and creates an emergency and an
urgent public necessity requiring the suspension of any rules providing for ordinances to be read
more than one time or at more than one meeting of the Governing Body, and such rules and
provisions are accordingly suspended, and this Ordinance is declared to be an emergency
measure, and shall take effect and be in full force immediately from and after its passage on the
date shown below.
PASSED AND ADOPTED, this
CITY OF NEDERLAND, TEXAS
Mayor
ATTEST:
ity Sec ary
P
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it :
:GAG . e ,,
OF
F\
RESOLUTION 2020-08
A RESOLUTION OF THE CITY OF NEDERLAND
RATIFYING THE ACTION OF THE NEDERLAND
ECONOMIC DEVELOPMENT CORPORATION.
WHEREAS,the present and prospective right to gainful employment and general welfare
of the people of Nederland require as a public purpose the promotion and development of new and
expanded business enterprises;and
WHEREAS, the existence, development, and expansion of business, commerce, and
industry are essential to the economic growth of Nederland and to the full employments,welfare,
and prosperity of its citizens;and
WHEREAS, the means and measures authorized by the Texas Legislature and the
assistance provided in the one-quarter (1/4) of one percent (1%) sales tax for economic
development are in the public interest and serve a public purpose in promoting the welfare of the
citizens of the City economically by the securing and retaining of business enterprises and the
resulting maintenance of a higher level of employment,economic activity,and stability;and
WHEREAS, the citizens of the City of Nederland provided for the creation of the
Nederland Economic Development Corporation by popular vote in a duly authorized election to
serve the public purposes herein described;and
WHEREAS, the Nederland Economic Development Corporation is authorized and
empowered under applicable state law, its charter, bylaws and by board approval, to aid in the
development of business enterprises by offering incentives to prospective new and expanding
businesses.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF NEDERLAND,TEXAS:
THAT the action of the Board of Directors of the Nederland Economic Development
Corporation("Board")relating to project costs associated with Lonestar Good Spirit Investments
(Neighborhood Veterinary Center), in an agg\regate maximum amount of not more than One
Hundred Fifty Thousand dollars ($150,000.00), in accordance with the terms and conditions as
prescribed by the Board,is hereby ratified.
PASSED AND APPROVED ON THE FIRST READING BY THE CITY COUNCIL
OF THE CITY OF NEDERLAND,TEXAS this 8th day of June ,2020 at which meeting a
,,quA..ft.V./K present and voting.
, F R
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,,,,,„,:(,),;__
0..c7. .,,T k Don Albanese,Mayor
ij/ 1ST, ' City of Nederland,Texas
,�A `"
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4171 ,
Gay Ferguso'�City Clerk
City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
Jess611 ttorneyc.....__Ci ',ederland,Texas
PASSED AND APPROVED ON THE SECOND READING BY THE CITY
COUNCIL OF THE CITY OF NEDERLAND,TEXAS this/24day of Ju h-e_... _,2020 at
which meeting a quorum was present and voting.
00%,,'H rnaP
s� ��� bon Albanese,Mayor
`` City of Nederland,Texas
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V,TOi
(UA-a, P/Lg6
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PayFergus n,City Cler
City of Nederland,Texas
APPROVED AS TO FORM AND LEGALITY:
c
Jesse :rani. , 'rty Attorney
Ci of •derland,Texas
